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INDIANA 

HISTORICAL  SOCIETY 

PUBLICATIONS 


is 


VOLUME  8 


H 


DISTRIBUTED  BY 

THE  BOBBS-MERRILL  COMPANY 

INDIANAPOLIS 

1930 


OFFICERS,  1930 

James  A.  Woodburn,  President 
Evans  Woollen,  1st  Vice-President 
Charles  T.  Sansberry,  2nd  Vice-President 
Richard  B.  Wetherill,  3rd  Vice-President 
Charles  E.  Coffin,  Treasurer 
Christopher  B.  Coleman,  Secretary 

EXECUTIVE  COMMITTEE 

The  Officers  of  the  Society 
and 
Lee  Burns,  Chairman  Linneaus  N.  Hines 

Mrs.  Eva  Neal  Beck  Otto  M.  Knoblock 

Amos  W.  Butler  Mrs.  Harvey  Morris 


qn. 

£ 

I**. 

v.  e 

Cof> 

4- 

&n£^s 


-«*tW 


•^ 


CONTENTS 

PAGE 

No.  1.  Judge  James  Lockhart,  by  George  R.  Wilson  .  .        1 

No.  2.  Indiana's  First  War,  translated  by  Caroline  and 

Eleanor   Dunn    71 

No.  3.  The   Environment   of   Abraham    Lincoln    in 

Indiana,  by  John  E.  Iglehart 143 

An  Account  of  the  De  Bruler  Family,  by 
Eugenia  Ehrmann   171 

No.  4.  Early  Navigation  on   the   St.  Joseph   River, 

by  Otto  M.  Knoblock 183 

No.  5,  The  Journey  of  Lewis  David  von  Schweinitz 
to  Goshen,  Bartholomew  County,  in  1831, 
translated  by  Adolf  Gerber 203 

No.  6.  The  Northern  Boundary  of  Indiana,  by  Mrs. 

Frank   Sheehan    287 

No.  7.  Evansville's  Channels  of  Trade  and  the  Se- 
cession Movement,  1850-1865,  by  Daniel  W. 
Snepp 323 

No.  8.  Indiana  Coverlets  and  Coverlet  Weavers,  by 

Kate  Milner  Rabb 393 

No.  9.  Life  in  Old  Vincennes,  by  Lee  Burns 435 


INDIANA  HISTORICAL  SOCIETY  PUBLICATIONS 

VOL.  8  NO.  1 


JUDGE  JAMES  LOCKHART 


BY 

GEORGE  R.  WILSON 


INDIANAPOLIS: 

WM.  B.  BURFORD,  CONTRACTOR  FOR  STATE  PRINTING  AND  BINDING 

1923 


JUDGE  JAMES  LOCKHART1 


PART  I 


JUDGE  JAMES  LOCKHART,  of  the  "Pocket  of  In- 
diana/' was  born  at  Auburn,  New  York,  February  13, 
1806,  and  died  at  Evansville,  Indiana,  September  7, 
1857,  past  fifty-one  years  of  age.  His  remains  are  at 
rest  in  Oak  Hill  Cemetery,  at  Evansville.  It  was  thought 
his  death  was  due  to  consumption.  He  is  most  promi- 
nently known  in  local  history  as  an  attorney,  jurist  and 
congressman.  In  1833,  Judge  Lockhart  was  admitted  to 
the  bar  in  Vanderburgh  county.  He  was  commissioned  a 
notary,  April  17,  1834.  Among  the  smaller  political  posi- 
tions filled  by  Judge  Lockhart,  it  is  recalled  that  from 
May  23,  1835,  to  June  10,  1836,  he  was  surveyor  at 
Evansville;  he  then  became  city  clerk  and  served  until 
June  7,  1837,  at  which  time  he  became  trustee  of  the 
second  ward.  He  was  county  agent  of  Vanderburgh 
county.  This  was  an  office  created  in  March,  1818,  and 
abolished  in  1852.  The  work  of  the  county  agent,  under 
the  first  constitution,  was  merged  into  the  duties  of  the 
county  auditor,  by  the  present  constitution.  In  1837, 
Judge  Lockhart  was  an  attorney  at  law,  in  Evansville; 
he  became  prosecuting  attorney  in  his  judicial  district, 
in  1842. 

Judge  Lockhart's  signature  as  it  appears  upon  the 
state  constitution  of  1851,  and  many  other  legal  docu- 
ments in  the  "Pocket  of  Indiana,"  very  much  resembles 

1.  This  biographical  sketch  was  prepared  for  the  Southwestern  Indiana  His- 
torical Society,  and  presented  at  its  annual  meeting  held  at  Evansville,  Indiana, 
February  28,  1923. 

(3) 


4  JUDGE  JAMES  LOCKHART 

the  handwriting  of  James  Madison,  James  Monroe,  An- 
drew Jackson,  and  men  of  their  day  and  generation. 
The  present  state  constitution  is  engrossed  on  sheep  skin, 
in  book  form,  and  is  preserved,  in  a  glass  case  in  the  of- 
fice of  the  secretary  of  state,  at  Indianapolis.  From  that 
document  the  fac-simile  of  his  signature  below  his  pic- 
ture was  traced. 


Judge  James  Lockhart  was  a  great  favorite  in  Dubois 
county,  and  he  had  much  to  do  in  establishing  that  coun- 
ty's political  history  and  bearing.  At  Jasper,  in  1839, 
Judge  Lockhart  was  nominated  for  congress,  in  the  old 
log  courthouse.  In  those  days,  one  county  could  nomi- 
nate a  man,  that  is,   name  him,   as  its  choice.    The 


JUDGE  JAMES  LOCKHART  5 

term  has  changed  its  meaning.  In  those  pioneer  days 
"to  nominate"  meant  "to  name,"  as  the  choice  of  any 
one  particular  assembly  of  men.  The  word  "instruct" 
is  now  used  in  the  sense,  "nominate"  was  formerly  used. 
In  1841,  at  Boonville,  Judge  Lockhart  was  nominated  for 
congress,  on  the  Van  Buren  ticket.  In  the  same  year  he 
received,  in  Dubois  county,  202  votes,  against  190  votes 
for  Promt.  Proffit  was  also  much  thought  of  in  Dubois 
county. 

In  Elliott's  History  of  Evansville  and  Vanderburgh 
County,  among  other  things,  we  read  as  follows : 

"In  1846,  James  Lockhart  was  commissioned  to  succeed  Judge 
Embree  as  judge  of  the  fourth  judicial  circuit,  by  Governor  James 
Whitcomb.  *  *  *  Judge  Lockhart  had  become  one  of  the  lead- 
ing lawyers  of  the  state,  and  it  may  be  said  that  his  appoint- 
ment was  the  beginning  of  a  new  era  in  the  history  of  the 
judiciary  of  Indiana,  that  henceforth  it  required  some  legal  ability 
and  knowledge  of  law  to  become  a  judge  of  the  fourth  judicial 
circuit.  Judge  Lockhart  was  slow  in  decision  but  was  almost  in- 
variably right  in  his  conclusions.  He  was  an  untiring  worker, 
and  a  close  student,  consequently  a  careful  judge.  He  was  a 
splendid  office  lawyer  and  a  regular  'book  worm'.  He  afterwards 
figured  to  a  great  extent  in  politics,  and  was  a  member  of  the 
twenty-third  congress  of  the  United  States.  Alvin  P.  Hovey 
succeeded  Judge  Lockhart  in  1851."2 

In  the  History  of  Pike  and  Dubois  Counties,  we  read : 

"James  Lockhart  received  the  judicial  ermine  from  the  shoul- 
ders of  Judge  Embree  as  is  shown  by  the  commission  from  Gov- 
ernor Whitcomb,  February  — ,  1846. 

"James  Lockhart  was  admitted  to  the  bar  in  1832,  and  was 
prosecutor  for  seven  years.  He  is  described  as  being  a  'leading 
lawyer  of  strong  and  determined  mind'  and  in  spite  of  every 
obstacle  attained  a  commanding  position  in  his  profession.    He  was 

2.    pp.  137-138.  _  :<j  Jj| 

2—80673 


6  JUDGE   JAMES  LOCKHART 

tall  in  person,  of  remarkable  voice,  was  a  keen  and  logical  debater 
and  an  impartial  and  popular  magistrate.  He  was  the  first  to 
formulate  a  code  of  rules  to  govern  his  court.  There  were  thirty- 
nine  in  all  under  the  heads,  motions,  pleadings  and  papers,  docket, 
trial,  sheriff,  chancery  and  miscellaneous.  'Under  trial'  is  this 
rule;  'one  lawyer  only  on  each  side  can  question  a  witness'."3 

From  a  book  called  Evansville  and  Its  Men  of  Mark,  the 
following  notice  is  taken  of  Judge  Lockhart : 

"Around  the  name  of  James  Lockhart  cluster  the  recollections 
of  a  brave  and  gallant  spirit;  a  refined  and  cultivated  man;  an 
erudite  jurist;  and  a  politician  who  understood  so  well  the  wants 
and  necessities  of  Indiana.  He  was  born  in  Auburn,  N.  Y.,  on  the 
thirteenth  of  February,  1806.  The  eldest  of  ten  children,  he  was 
forced  to  assist  his  father,  Ephraim  L.  Lockhart,  in  the  carding 
and  fulling-mill  business,  and  served  a  full  apprenticeship  in  the 
same.  During  his  leisure  time,  he  devoted  himself  to  studying  the 
preparatory  books  for  college,  and  enjoyed  the  privilege  of  a  partial 
course.  Owing  to  his  lack  of  means,  he  was  forced  to  relinquish 
his  hope  of  being  a  graduate.  He  also  studied  law;  but  was  not 
admitted  to  practice  till  after  his  arrival  at  Evansville,  in  1832. 
His  name  was  familiar  to  the  people  as  a  leading  lawyer  for 
many  years.  His  strong  will  and  determined  mind  caused  him  to 
study  carefully  the  cases  presented  to  his  charge;  and  he,  in 
spite  of  every  obstacle,  took  a  commanding  position  in  the  profes- 
sion. For  several  years  he  acted  as  prosecuting  attorney;  and 
for  over  seven  years  he  served  as  Circuit  Judge.  Many  are  the 
pleasing  memories  of  Judge  Lockhart;  and  he  must  have  been 
an  impartial  and  popular  magistrate. 

"In  1851,  he  was  a  member  of  the  Constitutional  Convention, 
and  in  that  body  exerted  an  influence  second  to  none  in  the  state 
(1852).  He  was  elected  by  the  Democrats  as  a  member  of  the 
thirty-second  congress  and  was  a  member  elect  of  that  body  at 
the  time  of  his  death,  in  September,  1857.  His  health  barely  sur- 
vived the  first  (1856)  campaign;  and  we  have  no  doubt  that  his 
extreme  labors  as  a  public  speaker  were  the  cause  of  his  untimely 
death.     Tall  in  person;   weight  over  two  hundred  pounds  when 

3.     pp.  309,  310,  311. 


JUDGE   JAMES   LOCKHART  7 

in  health;  and  possessing  a  remarkable  voice  for  public  speaking, 
his  presence  on  the  stump  was  the  signal  for  a  great  rally  of  his 
political  friends,  and  even  opponents.  A  keen  and  logical  de- 
bater, his  arguments  were  presented  in  a  style  peculiar  to  himself; 
and  he  won  a  distinction  for  political  debates  which  has  secured 
for  him  a  lasting  reputation.  His  career  in  congress  was  such 
as  to  add  to  his  fame;  and  in  Washington,  as  well  as  in  Indiana, 
Judge  Lockhart  was  regarded  as  one  of  the  'men  of  the  times'." 
He  was  married  in  1835,  to  Miss  Sarah  G.  Negley,  daughter 
of  David  Negley,  an  old  resident  of  Pigeon  Creek  settlement.4 

In  a  History  of  Vanderburgh  County  the  following  no- 
tice is  made  of  Judge  Lockhart : 

"The  last  mentioned  of  the  president  judges  was  Hon.  Elisha 
Embree.  His  successor,  Judge  James  Lockhart,  commissioned  in 
March,  1846,  by  Governor  James  Whitcomb,  was  a  resident  of 
Evansville,  and  before  ascending  to  the  bench  had  become  one  of 
the  foremost  lawyers  in  this  part  of  the  state.  His  selection  to 
the  important  office  was  a  just  tribute  to  his  abilities  and  worth. 
A  native  of  New  York,  he  was  born  in  1806  and  died  in  this  city 
in  1857.  Admitted  to  the  Evansville  bar,  in  1832,  he  soon  gained 
recognition  as  an  able  and  erudite  lawyer.  He  was  not  a  man  of 
quick  perception  and  ready  speech,  but  studious  and  painstaking. 
When  addressing  court  or  jury  he  was  slow,  deliberate  and  earnest. 
His  intense  interest  in  any  case  which  he  undertook,  and  his  deep, 
enthusiastic  earnestness  carried  conviction.  He  was  known  as  a 
book  lawyer,  plodding  patiently  through  authorities  and  working 
his  cases  thoroughly.  He  was  much  like  Judge  Iglehart,  well 
known  to  later  practitioners,  except  that  he  lacked  some  of  the 
smoothness  of  the  latter  and  was  not  as  clear  a  writer.  Through- 
out his  career  as  a  practitioner  he  held  a  commanding  position. 
On  the  bench  he  was  impartial,  just  and  thoroughly  capable.  For 
several  years  he  was  prosecuting  attorney  for  the  district,  was  a 
member  of  the  Constitutional  Convention  in  1851,  and  was  elected 
to  a  seat  in  the  thirty-second  congress,  but  died  before  taking  the 
office.  He  was  well  known  as  a  politician  throughout  the  district, 
and  was  a  recognized  leader  of  the  democracy.     Socially  he  en- 

4.     p.   83. 


8  JUDGE   JAMES   LOCKHART 

joyed  a  very  high  standing,  being  refined  and  cultivated  and  having 
a  most  excellent  wife,  daughter  of  David  Negley,  of  Center  Town- 
ship. The  fact  is  worthy  of  mention  that  the  only  dinner  ever 
given  to  the  Evansville  bar  was  at  the  hospitable  home  of  Judge 
Lockhart  shortly  before  his  election  to  congress.  There  were  then 
about  sixteen  lawyers  in  the  city,  and  all  were  present  on  the 
occasion.  It  need  hardly  be  said  that  a  most  delightful  afternoon 
was  enjoyed.  His  attainments  and  character  gave  Judge  Lockhart 
a  lasting  hold  upon  the  esteem  of  his  contemporaries  in  social  and 
professional  circles. 

"The  next  to  preside  in  the  circuit  court  of  Vanderburgh 
County  was  Alvin  P.  Hovey,  who  was  commissioned  in  September, 
1851,  by  Governor  Joseph  A.  Wright."5 

Judge  Lockhart  was  commissioned  December  13,  1845, 
as  president  judge  of  the  fourth  judicial  circuit  for  the 
term  of  seven  years  from  January  21,  1846.  He  re- 
signed in  1851,  and  General  Alvin  P.  Hovey,  was  com- 
missioned on  May  31,  1851,  to  fill  the  vacancy.  Judge 
Lockhart  served  in  congress  in  1851-1853.  He  was 
elected  over  the  Whig  candidate,  Judge  L.  Q.  DeBruler. 

In  the  early  days  law  libraries  were  not  very  ex- 
tensive; but  what  few  books  were  on  hand  were  ex- 
tensively read,  thoroughly  studied,  and  well  understood. 
From  what  can  be  learned  of  Judge  Lockhart  at  this 
late  day,  he  appears  to  have  been  a  strong  advocate  be- 
fore a  judge  or  jury  for  he  argued  from  the  bedrock  of 
principles.  He  was  trained  to  it,  and  in  this  was  his 
power.  His  reasoning  was  sound,  along  the  line  that  is 
expressed  by  the  words  "common  law  is  common  sense." 
He  always  attempted  to  brush  away  the  little  things  in 
a  case  and  get  at  the  real  facts  in  the  case  itself. 

Judge  Lockhart  had  a  high  respect  for  the  law  and  the 
dignity  of  the  members   of  the  bar.     The  old   county 

5.     p.  341. 


JUDGE   JAMES   LOCKHART  i) 

clerks,  as  standing  in  a  close  relation  to  the  bar,  were 
his  friends.  He  stood  high  in  their  regard,  and  they 
were  admitted  to  a  share  of  his  intimacy.  In  Dubois 
county  a  few  of  the  older  citizens  named  their  sons 
"Lockhart."  To  Judge  Lockhart  the  profession  of  the 
law  was  the  highest  of  all  professions,  because  it  ap- 
peared as  a  brotherhood,  was  sacred  as  between  lawyer 
and  client,  and  maintained  the  rights  of  men.  It  also 
preserved  the  government,  and  controlled  the  adminis- 
tration of  the  law. 

Judge  Lockhart  was  a  close  student  of  the  law  and  real- 
ized in  it  the  profession  which  created  the  liberties  of 
man,  and  preserved  them.  It  was  the  profession  of 
Blackstone,  Bacon,  Coke,  Clarendon,  Lord  Hardwick, 
Lord  Mansfield,  Pratt,  Eldon,  Erskine,  Pendleton,  Henry, 
Wythe,  Jefferson,  Webster,  Marshall,  Bracton,  etc.  Judge 
Lockhart  always  spoke  of  law  with  affection,  reverence, 
and  enthusiasm.  He  was  a  strong  advocate  of  many  of 
the  older  laws  and  practices  before  the  last  constitutional 
convention. 

Judge  Lockhart  gave  the  law  such  intense  study  that 
he  was  able  to  analyze  the  most  intricate  problems  in  it 
and  present  them  in  plain,  simple  language.  He  could 
make  many  eccentric  phrases  melt  into  reasonable  ex- 
pressions, into  common  law  and  common  sense.  His  law 
language  became  a  vehicle  of  thought  and,  in  this  way, 
his  mind  and  the  minds  of  the  jurors  could  meet  upon  a 
common  understanding. 

Perhaps  Judge  Lockhart's  greatest  work  was  done 
while  he  was  a  member  of  the  last  constitutional  conven- 
tion. The  work  he  did  there  left  its  imprint  upon  the 
laws  of  Indiana  and  its  blessings  upon  the  future  citizens 


10  JUDGE   JAMES  LOCKHART 

of  the  state.  In  that  convention  Judge  Lockhart  repre- 
sented a  district  composed  of  the  counties  of  Posey  and 
Vanderburgh.  This  convention  itself  was  productive  of 
more  good  results  than  is  usually  recalled. 

The  words  "Evansville"  and  "Vanderburgh"  have 
enough  German  sound  in  their  makeup  to  have  attracted 
the  attention  of  the  people  of  that  nation.  Did  they  do 
so?  Judge  Lockhart  was  very  solicitous  of  German  in- 
terests in  the  making  of  the  constitution  and  in  its  pub- 
lication and  in  the  publication  of  the  revised  statutes 
made  thereunder.  This  congressional  district  had  many 
German  voters  and  in  his  race  for  congress  he  received 
their  well-earned  support.  The  days  of  knownothingism 
were  not  far  in  the  future. 

The  Book  of  Debates  of  the  Indiana  Constitutional  Con- 
vention is  well  worth  the  careful  perusal  of  anyone  in- 
terested in  our  present  constitution.  All  of  us  should 
be.  In  the  main,  those  two  volumes  are  the  authority 
for  much  that  is  related  herein  of  that  constitution,  and 
the  part  Judge  Lockhart  played  in  its  making.  At  the 
time  of  the  convention  Judge  Lockhart  was  closing  a 
successful  term  of  seven  years  on  the  bench,  and  he  pos- 
sessed a  vision  and  a  view  of  law  and  constitutions  not 
in  the  possession  of  many  delegates  to  the  convention. 
He  was  easily  one  of  its  most  brilliant  and  valued  dele- 
gates. It  is  quite  evident  that  the  Hon.  Benjamin  Rose 
Edmonston,  of  Dubois  county,  and  many  other  delegates, 
all  prominent  in  the  convention,  relied  upon  Judge  Lock- 
hart for  much  of  the  technical  information. 

Judge  Lockhart's  experience  on  the  bench  had  taught 
him  that  it  was  almost  a  crime  to  send  a  first  offender  to 
the  Jeffersonville  prison,  at  that  time  one  of  the  worst 


JUDGE   JAMES   LOCKHART  11 

in  the  world,  there  to  associate  with  unredeemable  crim- 
inals, to  absorb  their  hatred  of  law  and  order,  etc.,  so  on 
Monday,  October  28,  1850,  which  was  early  in  the  con- 
vention, Judge  Lockhart  offered  a  resolution  to  obtain 
from  the  warden  of  the  state  prison,  at  Jeffersonville, 
certain  information  as  to  the  age,  sex,  and  other  statistics 
of  criminals,  in  order  that  the  convention  might  judge 
of  the  necessity  for  another  kind  of  prison,  an  institu- 
tion intermediate  between  the  county  jail  and  the  state 
prison — something  similar  to  a  house  of  correction  or  a 
"house  of  refuge" ;  later  in  years,  really  represented  by 
what  is  now  known  as  the  Boys'  School  at  Plainfield,  near 
Indianapolis.  This  was  a  generation  before  the  state  re- 
formatory existed,  and  about  sixty  years  before  there 
was  a  penal  farm  in  Indiana.  The  resolution  carried, 
but  the  "house  of  refuge"  was  not  then  created.6 

In  a  broader  sense  he  had  the  idea  or  the  theory  now 
advanced,  in  a  large  measure,  by  the  state  board  of  char- 
ities, or  the  state  board  of  pardons.  In  that  sense  he 
was  a  generation  in  advance  of  his  state.  While  acting 
in  a  judicial  capacity  Judge  Lockhart  dreaded  very  much 
to  send  a  youth  to  the  state's  prison.  In  speaking  upon 
this  subject  before  the  state  constitutional  convention, 
among  other  things,  Judge  Lockhart  said : 

"It  seems  to  me  that  there  is  no  question  that  can  be  pre- 
sented for  the  consideration  of  this  convention,  that  is  of  more 
importance  than  this.  The  correction  and  reformation  of  juvenile 
offenders  is  a  subject  upon  which  I  have  thought  and  reflected 
much.  Having  occupied,  for  several  years  past,  a  high  judicial 
position,  I  have  often  been  pained  to  see  the  youth,  the  mere  boy, 

6.  Proceedings  of  the  Constitutional  Convention,  Vol.  I,  pp.  254,  493.  Vol. 
II,  p.  1036.  Joshua  XXI,  verses  13,  21,  27,  32,  38,  Numbers  35-6.  Holloway's 
Indianapolis,  1870,  pp.  191,  192. 


12  JUDGE   JAMES  LOCKHART 

branded  as  a  felon,  under  our  laws,  and  sent  for  a  series  of  years 
to  that  worst  of  all  prisons  in  the  United  States — the  Jeffersonville 
state  prison." 

He  championed  a  "house  of  refuge,"  etc.,  for  young  of- 
fenders.7 

The  legislature  of  Indiana,  by  an  act  approved  March 
8,  1867,  authorized  an  institution  to  be  known  as  "A 
HOUSE  OF  REFUGE  FOR  THE  CORRECTION  AND 
REFORMATION  OF  JUVENILE  OFFENDERS." 

To  carry  out  the  provisions  of  this  act  the  sum  of  fifty 
thousand  dollars  ($50,000.00)  was  appropriated.  The 
general  supervision  and  government  of  the  institution 
was  vested  in  a  board  of  control.  It  consisted  of  three 
commissioners,  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate.  Charles  F.  Coffin 
of  Wayne  county,  A.  C.  Downey  of  Ohio  county,  and  Gen- 
eral Joseph  Orr  of  Laporte  county  were  the  first  members 
of  the  board.  Charles  F.  Coffin  was  the  first  president. 
The  institution  at  Plainfield,  in  Hendricks  county,  thus 
had  its  origin,  and  Judge  Lockhart's  vision  of  sixteen 
years  before  came  true. 

In  the  convention  the  position  of  auditor  of  state  was 
created  and  Judge  Lockhart  was  the  author  of  the  title 
"Auditor  of  State,"  the  legal  name  for  the  official  com- 
monly known  as  state  auditor.8 

Upon  the  question  of  taking  private  property  for  pub- 
lic use,  and  providing  for  the  pay  of  the  same,  Judge 
Lockhart  presented  valuable  argument  before  the  con- 
vention, covering  what  could  happen  in  the  case  of  non- 
residents^ feme  covert,  infant,   idiot,   lunatic,   etc.     He 

7.  Proceedings  of  Constitutional   Convention,   Vol.   II,  p.   1903. 

8.  Ibid.     Vol.  I,  p.  336. 


JUDGE   JAMES   LOCKHART  13 

declared,  "No  man's  particular  services  shall  be  demanded 
without  just  compensation.  No  man's  property  shall  be 
taken  without  compensation;  nor,  except  in  case  of  the 
state,  without  such  compensation  first  assessed  and  ten- 
dered to  the  owner,"  etc.9  His  talk  continued  and  cov- 
ered cases  wherein  the  owner  was  physically  unable  to 
reach  or  receive  compensation,  etc.  Judge  Lockhart 
usually  received  close  attention  and  marked  respect. 

Upon  the  question  of  negro  immigration  and  rights 
Judge  Lockhart  took  an  active  part  in  the  convention. 
He  was  in  favor  of  the  legislature  passing  laws,  with 
as  little  delay  as  possible,  prohibiting  negroes  or  mu- 
lattoes  from  coming  into  or  settling  in  this  state,  and 
prohibiting  all  negroes  and  mulattoes  who  have  come 
into  this  state  since  the  10th  day  of  February,  1831,  and 
who  have  not  complied  with  the  provisions  of  the  general 
assembly  of  this  state  entitled  "An  act  concerning  free 
negroes  and  mulattoes,  servants  and  slaves,"  approved 
February  10,  1831,  "from  purchasing  real  estate,  or  any 
interest  therein,  hereafter."10  The  act  of  1831  was 
styled  the  "black  law"  by  many  pioneers.11 

Upon  this  point  Judge  Lockhart  made  a  very  interest- 
ing and  learned  address.12 

A  portion  of  the  old  law  read  as  follows : 

"From  and  after  the  first  day  of  September  next  (1831),  no 
black  or  mulatto  person  coming  or  brought  into  this  state,  shall 
be  permitted  to  reside  therein  unless  bond  with  good  and  sufficient 
security  be  given  on  behalf  of  such  person  of  color— in  the  penal 
sum  of  five  hundred  dollars,  conditioned  that  such  person  shall 
not  at  any  time  become  a  charge  to  said  county." 

9.  Ibid.     Vol  I,  pp.  437,  560. 

10.  Ibid.     Vol.  I,  p.  572. 

11.  Ibid.     Vol.  I,  p.  622. 

12.  Ibid. 


14  JUDGE  JAMES  LOCKHART 

While   debating  this   question,   among  other  things, 
Judge  Lockhart  said : 

"That  section  virtually  provides  that  they  might  come  into 
the  state,  and  if  they  did,  that  they  should  comply  with  its  pro- 
visions. For  a  time  it  was  supposed  that  this  law  was  uncon- 
stitutional. The  supreme  court,  however,  has  decided  otherwise 
and  that  the  act  is  constitutional.  The  amendment  I  have  offered 
is  substantially  this: 

"  'That  all  negroes  who  have  been  born  in  this  state  or  those 
who  came  into  the  state  prior  to  the  act  of  tenth  February,  1831, 
just  recited,  and  all  who  have  come  into  the  state  since  that 
period  and  have  complied  with  the  provisions  of  the  law  shall  be 
permitted  to  hold  real  estate  hereafter,  as  they  have  heretofore. 
It  seems  to  me  that  if  these  instructions  be  adopted,  the  friends 
of  the  most  stringent  law  on  that  subject  would  be  satisfied.  It 
would  be  leaving  the  negro  exempted  in  the  amendment,  free  to 
acquire  and  hold  property.  The  ground  which  I  have  taken,  I 
think,  would  be  neutral  and  common  ground  on  which  we  all 
would  meet,  that  it  would  be  a  position  which  we  could  all  main- 
tain and  which  would  be  maintained  by  the  people  of  the  state. 
It  cannot  be  urged  with  propriety,  that  those  who  have  come  into 
the  state  since  the  passage  of  the  act  of  1831,  and  have  not  com- 
plied with  its  provisions,  can  have  any  claim  to  the  protection 
which  the  law  otherwise  would  have  afforded  them,  or  any  other 
of  the  laws  of  the  state.  They  reside  here  in  fraud  of  the  law 
and  have  no  right  to  claim  its  protection/     *     *     * 

"It  has  been  said  during  the  discussion  of  this  question,  that 
there  is  a  pro-slavery  party  in  this  convention;  that  there  are 
men  on  this  floor  who  are  pandering  to  the  Southern  slave-holders 

men  who  are  not  willing  to  maintain  the  principles  declared  to 

be  the  rights  of  citizens  of  this  state,  guaranteed  by  the  present 
constitution.  I,  for  one,  Sir,  am  not  prepared  to  say  that  when 
I  take  the  position  which  I  do,  that  I  am  pandering  to  the  preju- 
dices of  the  Southern  slave-holder.  I  maintain  that  Indiana  ought 
to  be,  and  should  forever  remain,  free  soil.  I  go  in,  however,  for 
maintaining  the  integrity  of  the  laws  and  of  the  constitution  of 
the  United  States.  I  go  in  for  the  enforcement  of  the  bill  which 
has  been  denounced  from  one  end  of  the  Union  to  the  other — I 


JUDGE   JAMES   LOCKHART  15 

mean  the  fugitive  slave  law.  I  believe  that  it  is  a  duty  which 
we  owe  to  the  sister  states,  a  duty  which  we  owe  to  ourselves,  a 
duty  which  we  owe  to  the  integrity  of  the  Union,  to  see  that  the 
laws  are  faithfully,  honestly  and  impartially  administered.  That 
was  one  of  the  principles  on  which  the  federal  constitution  was 
framed;  and  it  is  unquestionably  our  duty  to  preserve  it  inviolate. 
Sir,  I  see  very  little  moral  honesty  in  declaring  upon  this  floor, 
that  we  are  in  favor  of  maintaining  the  supremacy  of  the  law, 
while  at  the  same  time  we  stigmatize  each  other  as  being  panderers 
to  the  interests  of  Southern  slave-holders,  or  Northern  fanatics. 
If  to  maintain  the  supremacy  of  the  law  be  to  pander,  then  I  am 
willing  to  be  branded  as  a  panderer."     *     *     *13 

The  speech  was  of  considerable  length  and  one  may 
easily  see  as  he  reads  it  that  Judge  Lockhart  looked,  as 
did  Daniel  Webster,  upon  constitutions  and  laws  as  con- 
tracts not  to  be  broken.  So  long  as  slavery  was  a  con- 
stitutional right  the  slave-holder  had  rights  other  men 
must  observe,  etc.  All  sections  of  the  new  constitution 
that  touched  upon  slavery  brought  forth  unusual  deci- 
sions. True,  at  that  time,  there  was  no  slavery  in  Indi- 
ana, but  its  blight,  or  evil  influences,  reached  over  into 
Indiana,  and  the  slave  question  was  becoming  serious. 

When  the  question  of  providing  for  a  new  county  to 
be  constructed  from  portions  of  Perry  and  Spencer  was 
before  the  last  state  constitutional  convention  (which  is 
fully  reported  in  Volume  I,  between  pages  931  and  941, 
of  the  convention  proceedings),  Judge  Lockhart's  sym- 
pathies were  with  Mr.  Huff,  the  delegate  from  Spencer. 
Judge  Lockhart  said : 

"My  feelings  are  all  with  the  mover  of  the  reference.  The 
division  of  counties,  it  is  true,  ought  not  to  be  encouraged,  nor 
ought  we  unnecessarily  to  prevent  it  where  a  clear  majority  of  the 
people  are  in  its  favor.    I  regard  this,  Sir,  as  a  question  over  which 

13.     Ibid.     pp.   622,   627. 


16  JUDGE   JAMES   LOCKHART 

the  people  themslves  in  the  local  jurisdictions  ought  to  have  con- 
trol. I  therefore  trust  that  the  proposition  will  receive  the  favor- 
able action  of  this  convention,  and  that  the  section  will  be  amended 
as  proposed." 

Today,  the  final  analysis,  or  answer,  is  to  be  found  in 
the  following  provision  of  the  present  constitution; 
Schedule,  Article  XV,  near  the  end  of  the  state  consti- 
tution : 

"Whenever  a  portion  of  the  citizens  of  the  counties  of  Perry 
and  Spencer  shall  deem  it  expedient  to  form,  of  the  contiguous 
territory  of  said  counties,  a  new  county,  it  shall  be  the  duty  of 
those  interested  in  the  organization  of  such  new  county,  to  lay 
off  the  same,  by  proper  metes  and  bounds,  of  equal  portions  as 
nearly  as  practicable,  not  to  exceed  one-third  of  the  territory  of 
each  of  said  counties.  The  proposal  to  create  such  new  county 
shall  be  submitted  to  the  voters  of  said  counties,  at  a  general  elec- 
tion, in  such  manner  as  shall  be  prescribed  by  law.  And  if  a 
majority  of  all  the  votes  given  at  said  election  shall  be  in  favor 
of  the  organization  of  said  new  county,  it  shall  be  the  duty  of  the 
General  Assembly  to  organize  the  same  out  of  the  territory  thus 
designated."14 

The  size  of  the  General  Assembly  of  Indiana  brought 
forth  a  general  discussion  such  as  we  hear  now-a-days  in 
congress.  A  full  representation  was  desired.  At  the 
time  of  this  convention  (1851)  Indiana  had  only  ninety 
counties. 

When  the  question  was  before  the  state  constitutional 
convention,  quite  a  discussion  arose  as  to  the  number  of 
state  senators  and  state  representatives  that  should  be 
required  to  constitute  the  "General  Assembly  of  the  State 
of  Indiana."  Edmonston,  of  Haysville,  and  Judge  Lock- 
hart  took  prominent  parts  in  this  discussion,  and  their 
wishes  prevailed.15 

14.  Ibid.     Vol.  II,  p.  2077. 

15.  Ibid.     Vol.  I,  pp.  981,  985, 


JUDGE   JAMES   LOCKHART  17 

When  the  constitutional  convention  of  1851  was  clos- 
ing up  its  work,  Mr.  Bright,  of  Jefferson  county, 

"offered  a  resolution  to  the  effect  that  the  secretary  be  authorized 
to  have  five  thousand  copies  of  the  constitution  and  address  pub- 
lished in  the  German  language,  etc." 

the  resolution  was  adopted.16 

About  the  time  this  state  constitution  was  being  writ- 
ten (1850-1851)  states  north  of  us  were  passing  laws 
very  inviting  to  the  Germans  then  preparing  to  leave 
Europe  for  the  freedom  of  America.  It  caused  this  state 
constitutional  convention  to  be  exceedingly  liberal  in  its 
constitutional  provisions  regarding  aliens'  rights,  votes, 
etc.,  so  liberal,  in  fact,  as  to  make  Indiana  a  favorite  of 
the  German  emigrant.  The  constitution  itself  and  the 
statutes  were  printed  in  German,  laws  were  passed  favor- 
ing the  German  language  in  public  schools,  and  the  pro- 
ceedings of  some  town  councils,  etc.,  were  kept  in  German. 
No  wonder  the  jolt  in  the  World  War  was  a  severe  one, 
for  many  Germans  never  realized  until  then  that  they 
were  in  America  and  actually  American  citizens,  subject 
to  American  laws  and  customs  after  all.  The  Democrats 
were  the  majority  party  in  the  state  constitutional  con- 
vention. Judge  Lockhart  requested  that  fifteen  thousand 
copies  of  the  new  constitution  be  printed  in  German.17 

Benjamin  R.  Edmonston,  of  Haysville,  offered  a  sec- 
tion to  the  constitution  to  the  effect  that  in  each  school 
district  the  qualified  electors  thereof  may  decide,  by  vote, 
whether  they  will  have  any  other  than  the  English  lan- 
guage taught  in  the  district,  but  it  was  voted  down.18 

16.  Ibid.     Vol.  II,  P.  2066. 

17.  Ibid.     p.  2030. 

18.  Ibid.     p.  1861. 


18  JUDGE   JAMES  LOCKHART 

On  Thursday,  October  24,  1850,  Judge  Lockhart  took 
a  decided  stand  against  local  or  free  banks.  He  offered 
the  following  resolution,  which  was  ordered  printed : 

"Resolved,  That  in  the  opinion  of  this  convention,  the  interests 
of  the  people  and  the  honor  of  the  state  demand  that  a  provision 
be  inserted  in  the  constitution  prohibiting  the  legislature  from 
incorporating  any  bank  or  banking  institution  in  this  state." 

When  the  question  of  abolishing  the  grand  jury  system 
was  before  the  state  constitutional  convention,  in  1850, 
Judge  Lockhart  delivered  an  address  in  favor  of  the 
grand  jury,  in  which  he  displayed  a  familiarity  with  Eng- 
lish history  not  often  seen,  even  at  this  time.  His  ad- 
dress was  in  the  language  of  his  day,  with  a  full  supply 
of  "Sirs,"  and  other  courtesies  not  now  in  use.  It  had 
many  rounded  periods  which  reminds  one  of  the  orations 
of  George  H.  Promt,  but  it  was  more  specific  and  legal 
in  its  terms  and  premises.  Since  this  particular  address 
may  give  us  a  character  picture  of  Judge  Lockhart,  in 
middle  life,  and  is  a  fair  example  of  the  orations  of  that 
famous  convention,  perhaps  the  greatest  ever  held  in  In- 
diana, the  address,  practically  complete,  is  given  and 
marked  "Exhibit  A,"  at  the  close  of  this  sketch. 

Judge  Lockhart  was  a  strong  advocate  of  the  state 
banking  system.  On  January  7,  1851,  when  the  banking 
question  was  before  the  state  constitutional  convention, 
Judge  Lockhart  delivered  a  set  speech  well  worth  read- 
ing. It  is  to  be  found  marked  "Exhibit  B,"  near  the 
close  of  this  biographical  sketch. 

It  is  to  be  remembered  that  Judge  Lockhart  had  a  pro- 
found respect  for  things  old,  and  established,  and  fought 
many  proposed  and  radical  changes  upon  the  floor  of  the 
convention.     He  had  a  high  regard  for  law  and  order 


JUDGE  JAMES   LOCKHART  19 

and  implicit  faith  in  the  final  judgment  of  the  common 
people.  He  realized  that,  in  the  final  analysis,  the  peo- 
ple's approval  was  required  to  make  a  new  state  consti- 
tution— the  convention  was  drafting  the  text,  but  the 
people  were  required  to  give  it  force  and  effect. 

In  this  state  constitutional  convention  Judge  Lockhart 
was  appointed  on  Monday,  October  14,  1850,  to  serve  on 
the  following  committees:  To  represent  the  fourth  ju- 
dicial circuit  "On  the  organization  of  the  courts  of  jus- 
tice" and  "On  salaries,  compensation,  and  term  of 
office."19  In  the  decade  of  the  forties  the  fourth  judicial 
circuit  was  composed  of  the  counties  of  Posey,  Gibson, 
Vanderburgh,  Pike,  Dubois,  Spencer,  Perry,  Crawford, 
and  Warrick,  but  the  changes  were  frequent. 

The  General  Assembly  of  Indiana  was  in  session  during 
the  part  of  the  time  the  state  constitutional  convention 
was  in  session,  and  some  delegates  to  the  constitutional 
convention  were  at  the  same  period  members  of  the  Gen- 
eral Assembly,  then  serving  under  Indiana's  first  consti- 
tution. When  the  General  Assembly  convened  it  was 
necessary  for  the  convention  to  move  from  the  State 
House  to  the  Masonic  Hall.  Madison  invited  the  con- 
vention to  convene  in  that  city  and  complete  its  work, 
but  the  invitation  was  not  accepted. 

When  the  constitutional  provision  regarding  the  site 
of  the  battle  of  Tippecanoe  was  before  the  constitutional 
convention,  Judge  Lockhart  raised  the  question  of  the 
expediency  of  erecting  a  monument  at  the  capital  of  the 
state,  to  the  memory  of  the  gallant  volunteers  who  fell  in 
Mexico.20  The  Whigs  claimed  the  honors  for  Tippecanoe 
but  blamed  the  Democrats  for  the  Mexican  war. 

19.  Ibid.     Vol.  I,  pp.  57,  58. 

20.  Ibid.     Vol.  II,  p.  1342. 


20  JUDGE   JAMES  LOCKHART 

The  state  constitutional  convention  was  in  session  from 
Monday,  October  7,  1850,  to  Monday,  February  10,  1851. 
The  latest  constitutions  of  other  states  were  freely  con- 
sulted and  the  suitable  parts  were  adopted  or  adapted  to 
Indiana's  needs.  On  the  last  day  of  this  convention  it 
convened  at  six  o'clock  in  the  morning.  The  committee 
on  revision  then  made  its  final  report.  Modern  states- 
men would  hardly  convene  at  six  o'clock  on  a  Monday 
morning  to  revise  anything. 

When  the  questions  of  permitting  aliens  to  hold  prop- 
erty in  Indiana  was  before  the  state  constitutional  con- 
vention, among  other  things,  Judge  Lockhart  said: 

"In  that  portion  of  the  state  in  which  he  resided,  there  was  a 
large  foreign  population,  many  of  whom  had  experienced  great  in- 
conveniences in  the  settlement  of  the  estates  of  deceased  aliens. 
It  was  true  for  four  or  five  years  past  we  have  had  a  statute  which 
measurably  removed  the  evil,  yet  he  thought  that  it  ought  to  form 
a  section  in  the  constitution.  It  may  not  be  amiss  to  state  that 
in  some  of  the  continental  states  of  Europe,  the  laws  of  descent 
and  distribution  are  made  to  depend  upon  the  law  of  the  country 
where  the  heir  or  distributee  resides,  so  that  if  by  the  law  of 
the  country  where  the  heir  lived  and  owed  allegiance,  foreigners 
were  allowed  to  inherit,  the  rule  would  be  reciprocal  hence  the 
great  importance  of  inserting  the  provisions  of  this  section  in  the 
constitution.  He  had  known  a  German  who  resided  in  this  state, 
prior  to  the  passage  of  the  statute  to  which  he  had  referred,  who 
fell  heir  to  property  in  one  of  the  German  states,  who  was  com- 
pelled to  change  his  residence  from  Indiana  to  Pennsylvania,  or 
Maryland,  before  he  was  entitled  to  enjoy  the  inheritance.  *  *  * 
Let  us  then  secure  to  them  and  their  friends  in  the  country  from 
whence  they  came,  their  just  right  to  inherit."21 

Judge  Lockhart  endeavored  throughout  the  state  con- 
stitutional convention,  as  at  all  other  times,  to  be  cour- 

21.    Ibid.    p.  1404. 


JUDGE   JAMES   LOCKHART  21 

teous  and  respectful ;  he  never  upon  any  occasion  during 
the  convention  united  with  those  who  felt  disposed  to 
make  noise  and  confusion  in  the  hall.  He  did  not  occupy 
much  of  the  time  of  the  convention ;  he  knew  what  to  say, 
how  to  say  it,  and  how  to  quit  when  he  had  said  it.  He 
was  absent  only  a  few  hours  during  the  entire  session.22 
He  was  a  close  student,  keen  observer,  and  faithful  dele- 
gate ;  conscientious,  untiring,  and  honest  in  his  beliefs. 

The  words  "Gentlemen"  and  "Sir"  appear  so  often  in 
the  debates  of  the  state  constitutional  convention,  of  1850, 
that  one  is  reminded  of  the  dignity  of  English  debates, 
or  the  courtesies  and  honor  of  southern  people.  The 
harsh,  cold,  and  indifferent  language  of  debates  of  today 
are  not  to  be  found,  but  the  early  language  was,  never- 
theless, very  cutting.  It  was  simply  delivered  with  more 
polish,  eloquence  and  refinement. 

In  the  state  constitutional  convention,  of  1850,  Judge 
Lockhart  was  generally  referred  to  as  the  "Gentleman 
from  Vanderburgh/'  but  he  represented  the  district  com- 
posed of  Vanderburgh  and  Posey  counties. 

In  one  of  his  speeches  before  the  state  constitutional 
convention,  Judge  Lockhart  said: 

"I  desire  to  say  that  I  will  go  as  far  as  he  who  will  go  the 
fartherest.  I  am  for  breaking  down  all  distinctions  between  the 
several  forms  of  actions,  and  for  having  the  law  administered  in 
an  uniform  mode,  without  reference  to  the  distinctions  between 
law  and  equity.  It  is  high  time,  Sir,  that  the  artificial  distinctions 
which  have  so  long  clogged  the  wheels  of  justice  should  be  dis- 
pensed with.  We  have  already  passed  a  section  which  provides 
'that  all  courts  shall  be  open,  and  every  person,  for  injury  done 
to  him,  in  his  person,  property  or  reputation,  shall  have  remedy  by 
due  course  of  law',  and  in  the  beautiful  language  of  Lord  Coke, 
that  section   declares   that   'justice   shall  be   administered   freely, 

22.     Ibid.     p.  1532. 
3—80673 


22  JUDGE   JAMES  LOCKHART 

and  without  purchase,  completely  and  without  denial,  speedily  and 
without  delay',  etc."23 

In  many  of  Judge  Lockhart's  speeches  one  may  see 
references,  not  only  to  the  common  law  of  England,  but 
to  the  history  of  that  common  law.  They  show  a  general 
knowledge  of  the  history  of  England  and  of  continental 
Europe,  as  they  pertain  to  law  and  equity.  Apparently, 
public  men  of  1850  knew  more  of  English  and  European 
history  than  do  public  men  of  today.  They  were  really 
closer  to  the  influence  of  England  than  we  are.  Many 
were  only  one  or  two  generations  removed  from  English 
forefathers. 

As  a  reader  studies  the  printed  speech  delivered  at  the 
state  constitutional  convention  the  conclusion  draws 
upon  him  that  the  men  who  framed  the  present  state 
constitution  were  probably  the  most  resourceful  men  ever 
assembled  in  Indiana.  They  were  learned  in  the  law, 
history,  achievements,  ambitions,  aims,  hopes,  and  aspi- 
rations of  genuine  Hoosiers.  They  had  been  students 
and  readers  of  the  great  men  of  the  past,  of  the  conven- 
tions and  constitutions  of  other  states  and  countries,  and 
the  history  and  progress  made  thereunder.  The  feudal 
system,  the  grand  jury  system,  the  right  of  eminent  do- 
main, imprisonment  for  debt,  and  many  other  things 
were  discussed  with  a  broad  knowledge  obtained  from 
their  earliest  history.  The  grand  jury  system  called  for 
prolonged  and  serious  discussions,  and  it  was  finally  re- 
tained, as  the  best  of  various  methods  suggested  for  pub- 
lic protection. 

Judge  Lockhart  closed  his  duties  as  a  delegate  to  the 
state  constitutional  convention  on  Monday,  February  10, 
1851,  and  in  a  few  days  was  on  his  way  to  Washington 

23.    Ibid.    p.  1840. 


JUDGE   JAMES   LOCKHART  23 

to  become  a  member  of  congress,  where  he  represented 
the  first  Indiana  district  in  congress  beginning  Wednes- 
day, December  3,  1851.  At  that  time,  Thomas  A.  Hen- 
dricks, afterwards  vice-president,  was  a  member  from 
the  fifth  Indiana  district.  Messrs.  Bright  and  Whitcomb 
were  in  the  senate.  One  of  Judge  Lockhart's  first  acts 
was  to  introduce  a  bill  to 

"grant  the  right  of  way  and  make  a  donation  of  land  to  the  states 
of  Indiana  and  Illinois,  in  aid  of  the  construction  of  a  railroad 
from  New  Albany,  in  the  State  of  Indiana,  via  Mount  Carmel,  on 
the  Wabash  River,  to  Alton,  in  the  State  of  Illinois." 

which  was  read  the  first  and  second  time  by  its  title, 
and  referred  to  the  committee  on  public  lands.24 

In  March,  1852,  Judge  Lockhart  presented  a  petition 
of  "Samuel  Hall,  president  of  the  Evansville  and  Illinois 
Railroad,  asking  for  a  grant  of  land  to  aid  in  the  con- 
struction of  said  road  from  Evansville,  on  the  Ohio  river, 
to  Indianapolis,  Indiana."  At  the  same  time  he  filed  a 
petition  in  favor  of  the  assistant  United  States  marshals 
who  took  the  seventh  census  in  the  counties  of  the 
"Pocket,"  which  petition  asked  for  additional  compensa- 
tion for  their  services.25 

On  Friday,  March  26,  1852,  Judge  Lockhart  presented 
a  petition  for  J.  C.  Graham,  of  Pike  county,  asking  for 
additional  compensation  for  services  rendered  as  assist- 
ant marshal  in  taking  the  seventh  census  of  the  United 
States.26 

On  April  7,  1852,  he  filed  a  similar  petition  for  B.  B. 
Piper,  census  taken  for  Posey  county.27 

24.  Cong.  Globe,  January  7,  1852,  Vol.  XXIV,  Part  I,  p.  224. 

25.  Ibid.     March  19,  1852,   p.  800. 

26.  Ibid.     Part  II.     March  26,  1852.     p.  898. 

27.  Ibid.     April  7,   1852.     p.  1004. 


24  JUDGE   JAMES  LOCKHART 

On  April  22,  1852,  he  again  appeared  before  congress 
in  the  interest  of  the  Evansville  and  Illinois  Railroad  and 
land  grants.28 

Judge  Lockhart  was  a  member  of  the  committee  on 
territories  and  was  interested  in  providing  for  the  selec- 
tion of  places  for  the  location  and  erection  of  public  build- 
ings for  the  territories  of  Oregon  and  Minnesota.29  He 
was  also  an  active  member  in  behalf  of  New  Mexico,  and 
in  behalf  of  the  people  of  Oregon  who  defended  them- 
selves against  Indian  attacks  in  1847  and  1848.30  This 
is  sometimes  referred  to  as  the  "Cayuse  War,"  in  Oregon. 

On  Saturday,  May  29,  1852,  the  house  had  before  it  the 
disposal  of  the  saline  lands  in  Indiana  and  there  was  some 
discussion.  The  State  of  Indiana  owned  these  saline 
lands  at  that  time,  but  their  sale  price  had  been  placed  at 
one  dollar  and  twenty-five  cents  per  acre  by  the  govern- 
ment, and  the  land  did  not  sell,  though  on  the  market  for 
nearly  a  quarter  of  a  century.  Eastern  congressmen 
seemingly  opposed  the  reduction  of  the  price  per  acre. 
Originally  the  surveyors  reported  that  these  lands  might 
contain  salt  springs,  and  therefore  valuable,  but  salt  did 
not  develop.  The  discussion  closed  when  Judge  Lockhart 
said: 

"The  lands  which  the  provisions  of  this  bill  affect  are  prin- 
cipally, if  not  all,  in  the  district  which  I  represent.  I  am,  there- 
fore, well  acquainted  with  their  situation  and  can  concur  fully  in 
the  statement  made  by  my  colleague,  Mr.  Dunham.  I  hope,  there- 
fore, that  the  honorable  member  from  Connecticut  (Mr.  Cleve- 
land) will  withdraw  his  opposition  to  the  bill  and  let  it  pass." 

-  Mr.  Cleveland  accepted  Judge  Lockhart's  explanation, 
withdrew  his  objection  and  the  bill  passed.     It  was  of 

28.  Ibid.     April  22,  1852.     p.  1171. 

29.  Ibid.     pp.  1198,  1232,  1377. 

30.  Ibid.     pp.  1377,  1455,  1456. 


JUDGE   JAMES   LOCKHART  25 

material  assistance  to  the  common  schools  of  Indiana,  and 
the  proceeds  are  now  recognized  in  what  is  known  as  the 
"saline  funds"  embodied  in  our  tuition  funds  for  the  com- 
mon schools  of  Indiana. 

On  June  24, 1852,  Judge  Lockhart  presented  resolutions 
of  the  legislature  of  the  State  of  Indiana  in  relation  to 
declaring  the  bridge  over  the  Ohio  river  at  Wheeling, 
(West)  Virginia,  a  post  route.  This  shows  how  far  an 
interest  in  a  bridge  may  be  felt. 

On  July  8,  1852,  Judge  Lockhart  addressed  the  house 
in  behalf  of  the  work  of  Dr.  David  Dale  Owen,  on  the 
geology  of  Iowa,  Wisconsin  and  Minnesota.  Among 
other  things  Judge  Lockhart  said : 

"As  a  geologist,  Dr.  Owen  has  but  few  equals,  probably  no 
superior  in  this  or  any  other  country.  The  work,  Sir,  is  one  of 
very  great  merit.  As  a  literary  production  it  will  take  a  very 
high  rank;  as  a  scientific  work  it  will  have  no  superior  in  that 
branch  of  science.  To  the  artisan  and  others  who  may  hereafter 
wish  to  settle  upon  the  great  coal-fields  or  mineral  lands  of  the 
Mississippi  Valley,  this  report  will  be  of  incalculable  value,  etc."31 

Dr.  Owen's  book  is  said  to  be  one  of  the  best,  neatest 
and  most  inexpensive  ever  produced  by  congress  up  to 
that  time.  The  resolution  called  for  thirty-five  hundred 
copies. 

At  an  evening  session  of  a  committee  of  congress,  on 
Saturday,  July  24,  1852,  the  river  and  harbor  appropria- 
tion bill  was  up  for  consideration.  Judge  Lockhart  ad- 
dressed the  committee  for  an  hour  in  favor  of  the  bill. 
He  avowed  himself  a  strict  constructionist  of  the  con- 
stitution, and  said  he  was  prepared  to  vote  for  a  just 
system  of  measures,  of  a  national  character,  for  the  im- 
provement of  rivers  and  harbors.     In  doing  so  he  was  not 

31.     Ibid.     pp.  1693,  1694. 


26  JUDGE   JAMES  LOCKHART 

departing  from  the  Democratic  doctrine,  having  before 
him  the  example  of  Jeff erson,  Madison,  Monroe,  Jackson, 
and  Polk,  etc.32 

On  August  4,  1852,  Judge  Lockhart  took  an  active  in- 
terest in  the  reports  furnished  by  the  engineer  concern- 
ing the  falls  of  the  Ohio,  the  maps,  and  the  additional 
improvements  needed.  The  canal  around  the  falls  was  a 
pioneer  internal  improvement  which  well  deserved  his 
serious  consideration. 

On  August  14  and  16,  1852,  the  discussion  concerning 
the  "Wheeling  Bridge"  was  attracting  considerable  at- 
tention. A  bill  was  before  the  house  declaring  the 
Wheeling  bridge  a  lawful  structure  and  a  post  route. 
The  decision  of  Judge  Marshall  concerning  the  territory 
situated,  lying,  and  being  to  the  northwest  of  the  river 
Ohio,  came  into  the  debate.  The  question  of  jurisdiction 
over  the  Ohio  river  was  a  debated  question.  While  the 
debate  was  on,  Judge  Lockhart,  among  other  things,  said : 

"I  wish  to  state  that  the  case  of  Handley's  Lessee  vs.  Anthony, 
to  which  he  refers  the  question  of  state  bounndary  was  not  dis- 
cussed. The  only  question  presented  to  the  court  for  its  considera- 
tion was  whether  thirty-six  thousand  acres  of  land,  situate,  lying 
and  being  to  the  northwest  of  the  Ohio,  and  lying  within  the  county 
in  which  I  reside,  was  in  Kentucky  or  Indiana.  The  lawyers  in 
that  case  conceded  that  if  the  land  in  controversy  was  an  island, 
it  was  in  Kentucky,  if  not  an  island,  it  was  in  Indiana.  From 
this  statement  it  will  be  seen  that  what  Judge  Marshall  says  in 
relation  to  the  boundary  between  the  states  of  Kentucky  and  Indi- 
ana, is  not  entitled  to  the  consideration  of  a  judicial  decision; 
that  it  is  only  the  'obiter  dicta'  of  the  judge  who  delivered  the 
opinion,  and  is  not  authority  judicially  pronounced  upon  the  im- 
portant question  of  boundary."33 

32.  Ibid.     Part  III,  p.  1889. 

33.  Globe,  August  13,  1852,  Vol.  XXV,  p.  1041. 


JUDGE  JAMES  LOCKHART  27 

Judge  Lockhart  was  a  "Jackson  Democrat' '  and  was 
evidently  very  proud  to  be  one  and  to  say  so.  On  July 
22,  1852,  when  a  river  and  harbor  bill  was  before  the 
House,  Judge  Lockhart  made  one  of  his  principal 
speeches  before  the  "Committee  of  the  Whole,"  upon  the 
improvement  of  the  Ohio  river.     (See  "EXHIBIT  C.") 

In  the  second  session  of  the  thirty-second  congress, 
Judge  Lockhart  still  looked  after  the  interests  of  the 
territories,  the  river  and  harbor  appropriations,  and  the 
railroads  then  proposed  in  southern  Indiana.  One  of  his 
last  acts  in  this  congress  was  to  secure  twenty  thousand 
dollars  for  building  the  marine  hospital  at  Evansville. 
This  he  did  February  19,  1853.  Judge  Lockhart's  first 
congressional  term  ended  with  the  thirty-second  con- 
gress. Smith  Miller  represented  the  districts  in  the 
thirty-third  congress  which  convened  in  March,  1853. 
Smith  Miller's  home  was  at  Patoka,  in  Gibson  county. 
He  was  a  member  of  congress  from  the  first  Indiana  dis- 
trict from  March  4,  1853,  to  March  3,  1857.  He  served 
four  years  between  the  terms  of  Judge  Lockhart,  and 
thus  congress  lost  the  future  service  of  Judge  Lockhart, 
practically  entirely.  The  Congressional  Directory  thus 
speaks  of  Mr.  Miller : 

"Smith  Miller,  a  representative  from  Indiana,  born  in  North 
Carolina  May  30,  1804,  moved  to  Patoka,  Gibson  County,  Indiana; 
received  a  limited  schooling;  engaged  in  farming;  member  of  the 
state  house  of  representatives ;  elected  as  a  Democrat  to  the  thirty- 
third  and  thirty-fourth  congresses  (March  4,  1853,  to  March  3, 
1857);   died  near  Patoka,  Indiana,  March  21,  1872."34 

Smith  Miller  of  Gibson  county  was  a  delegate  to  the 
constitutional  convention  of  1850,  and  represented  a  dis- 

34.     Cong.  Directory — Senate  Documents,  Vol.  LVI,  p.  864. 


2S  JUDGE   JAMES  LOCKHART 

trict  composed  of  Gibson,  Pike,  and  Dubois  counties.    He 
served  as  a  state  representative  from  Gibson  from  1835 
to  1839,  again  in  1846.     He  also  served  as  state  senator 
from   Gibson   county  in   1841-44   and  in   1847-50.     He 
served  in  the  thirty-third  and  thirty-fourth  sessions  of 
the  American  congress  and  was  succeeded  by  the  Hon. 
James  Lockhart,  March  3,  1857,  in  the  thirty-fifth  con- 
gress.    In  1856,  Judge  Lockhart  was  elected  the  suc- 
cessor to  Smith  Miller,  in  the  thirty-fifth  congress,  but 
Judge  Lockhart  died  September  7,  1857,  before  he  took 
a  very  active  part  as  a  member  of  the  thirty-fifth  con- 
gress, and  while  a  candidate  for  election  for  the  thirty- 
sixth  session.     It  seems  there  were  two  elections  before 
active  work  under  the  first  election  had  began.     Lock- 
hart, the  congressman-elect,  was  a  candidate  for  re-elec- 
tion with  an  undoubted  chance  for  success,  when  he  died, 
about  a  month  before  the  election.     Judge  Niblack  who 
was  nominated  to  fill  his  place  on  the  ticket  was  elected 
and  entered  upon  his  duties  December  7,  1857.     Judge 
Niblack  was  re-elected. 

Judge  Lockhart  had  returned  to  political  power  in  1856, 
but  illness  soon  called  him  to  a  world  beyond.  In  1856, 
he  was  re-nominated  to  congress,  and  in  1857,  re-nomi- 
nated again.  He  was  elected  in  1856,  but  passed  away 
before  election  day  in  1857.  Judge  Lockhart  was  known 
as  a  man  ready  to  march  to  the  defense  of  the  Democratic 
principles,  whether  as  a  leader  or  as  a  private  in  the 
ranks.  Though  defeated  in  the  convention,  in  1854,  he 
was  first  to  lead  the  van  of  the  party's  struggle  of  that 
fall,  and  although  a  private  citizen,  contributed  largely 
to  the  success  of  the  party  in  1854.35     Judge  Lockhart 

35.     Rockport  Democrat,  May  24,  1856. 


JUDGE   JAMES   LOCKHART  29 

was  nominated  on  the  fifth  ballot,  Wednesday,  June  18, 
1856,  at  Petersburg.  There  were  ninety-nine  votes,  and 
on  the  fifth  ballot  the  vote  stood:  Lockhart,  seventy- 
one;  Hovey  (then  a  Democrat),  twenty;  Niblack,  eight. 
The  counties  were  Martin,  Daviess,  Knox,  Gibson,  Posey, 
Vanderburgh,  Warrick,  Spencer,  Dubois  and  Pike.86  In 
this  convention,  Dubois  county  voted  nine  votes  for  Lock- 
hart,  five  times. 

In  1856,  and  previous  to  that,  it  was  customary  for 
candidates  to  traverse  a  district  together,  thus  securing 
perfect  fairness,  and  giving  the  people  an  opportunity  of 
judging  the  men,  side  by  side,  each  delivering  his  address, 
taking  his  position  and  attacking  his  opponent's,  in  the 
presence  of  the  other.  In  1856,  the  Hon.  James  C. 
Veatch  was  Judge  Lockhart's  opponent  for  congress.  In 
1856,  he  wrote  Judge  Lockhart  as  follows : 

"Evansville,  July  26,  1856. 
Judge  Lockhart. 

Dear  Sir :  Having  accepted  the  nomination  for  congress  in  this 
district,  I  desire  to  make  such  arrangements  with  you  as  may  be 
mutually  agreeable  for  a  discussion  of  the  questions  of  the  day. 

Yours  respectfully, 

James  C.  Veatch." 

Judge  Lockhart  replied  as  follows : 

"Evansville,  July  26,  1856. 
J.  D.  Veatch,  Esq. 

Dear  Sir:  Your  note  of  this  day  has  just  been  handed  me, 
and  in  reply  permit  me  to  say  that  it  will  afford  me  great  pleasure 
to  meet  you  in  the  discussion  of  the  'questions  of  the  day',  at  such 
times  and  places  as  may  be  mutually  agreed  upon,  commencing  on 

36.     Ibid.     June  28,   1856. 


30  JUDGE   JAMES  LOCKHART 

Monday,  twenty-fifth  day  of  August,  which  will  afford  us  ample 
time  to  visit  every  county  in  the  district. 

Respectfully,  your  obt.  servt., 

Jas.  Lockhart." 

Their  trip  started  at  Newburg,  September  4,  and  closed 
at  Boonville,  October  11,  1856.  They  were  billed  for 
thirty-three  meetings  throughout  the  district. 

A  study  of  politics  of  1856  brings  to  mind  that  there 
is  a  familiar  ring  to  the  cards  that  usually  appear  a  few- 
days  before  a  general  election.  Here  is  one  that  prob- 
ably exposes  an  attempt  to  mislead  voters  and  it  reads 
true  to  form : 

"To  the  Democracy  of  the  First  Congressional  District  of  Indiana : 
The  leaders  of  the  Abolition  party  in  this  district  have  aban- 
doned all  hopes  of  carrying  the  election  in  the  district  by  fair 
means,  are  now,  with  the  aid  of  a  prostituted  press  which  they 
have  established  at  Princeton  since  the  commencement  of  the  can- 
vass, endeavoring  to  succeed  by  falsehood  and  distraction.  Their 
paper  abounds  in  low  flung  personal  abuse  and  false  and  malicious 
charges  and  statements  against  me.  I,  therefore,  issue  this  circular 
to  put  the  democracy  of  the  district  on  their  guard,  and  to  say 
to  them  that  it  is  believed  that  between  this  and  the  day  of  elec- 
tion, the  district  will  be  flooded  with  false,  forged  and  counterfeit 
affidavits  and  certificates,  prefering  all  kinds  of  charges  against 
all  Democratic  candidates  and  myself,  particularly.  I,  therefore, 
caution  the  public  against  them  and  ask  candid  and  fair  men  of 
all  parties  to  indignantly  frown  upon  every  effort  which  seeks  to 
carry  the  election  by  falsehood,  fraud  or  violence. 

Respectfully,  your  fellow-citizen, 

James  Lockhart." 
Evansville,  October  6,  1856. 

The  above  card  was  directed  at  the  work  of  the  Prince- 
ton Courier  which  was  supporting  Mr.  Veatch  for  con- 


JUDGE   JAMES   LOCKHART  31 

gress.     In  all  this  review  due  credit  must  be  given  to  the 
fact,  no  doubt,  there  were  charges  and  counter-charges. 
Here  is  another  example  of  notices,  in  1856: 

"RALLY!  DEMOCRATS,  RALLY!! 

We  hope  the  Democrats  of   Spencer  will  rally  out  in  their 

strength  on  Monday  at  one  o'clock  p.  m.  to  hear  the  speech  of  the 

Hon.  James  Lockhart.    The  judge  is  a  good  speaker  and  will  make 

the  Know-nothing  abolition  fur  fly,  so  come  out  one  and  all."37 

In  May,  1856,  many  voters  in  Dubois  county,  who  were 
not  Democrats,  were  classified  as  the  "KNOW-NOTH- 
ING PROHIBITORY,  SEARCH,  SEIZURE  and  CON- 
FISCATION ADVOCATES,"  by  Democratic  newspapers 
of  the  Pocket.38 

In  the  campaign  of  1856,  Know-Nothingism  was  an 
issue  usually  charged  to  the  Fremont  party,  and  the  cam- 
paign was  an  unusually  ugly  one.  The  foreign  element 
went  with  the  Democratic  party.  The  campaign  was  an 
introduction  to  1860.  Judge  Lockhart  was  elected  to 
congress  in  October,  1856,  by  a  majority  of  4,824. 

Judge  Lockhart  was  not  a  good  story-teller  in  political 
discussions,  but  he  was  strong  in  good,  sound  reason  and 
logic.  James  C.  Veatch  was  considered  a  good  story- 
teller, and  that  ability  was  an  asset  in  his  political  dis- 
cussions. 

In  noticing  the  death  of  Judge  Lockhart  the  Evansville 
Journal,  a  Republican  paper,  of  Tuesday,  September  8, 
1857,  paid  a  fine  tribute  to  Judge  Lockhart.  It  is  made 
a  part  of  this  sketch  and  marked  "EXHIBIT  D."  The 
tribute  of  the  Rockport  Democrat  is  also  in  "EXHIBIT 

D." 

Upon  Judge  Lockhart's  death  a  congressional  conven- 

37.  Ibid.     April  12,  1856. 

38.  Ibid.     May  10,  1856. 


32  JUDGE   JAMES  LOCKHART 

tion  was  held  at  Petersburg  to  place  a  man  on  the  Demo- 
cratic ticket  for  congress,  for  the  approaching  October 
election. 

Judge  William  E.  Niblack  was  nominated  September 
30th,  and  elected  October  13,  1857.  At  the  convention 
which  nominated  Judge  Niblack  the  following  resolution 
was  adopted: 

"Resolved,  That  we  express  the  deepest  regret  at  the  untimely 
demise  of  our  late  talented  leader,  Hon.  James  Lockhart,  and 
recognize  in  his  loss  a  vacuum  not  to  be  supplied  on  the  domestic 
hearth,  in  the  social  circle  and  in  the  ranks  of  the  Democratic 
party,  and  that  we  extend  to  the  widow  and  friends  of  the  de- 
ceased our  heartfelt  condolement  in  this  their  great  bereavement."39 

Judge  Niblack  was  nominated  at  Petersburg  for  con- 
gress. His  vote  was  98 ;  Judge  Law,  34.  It  took  seven- 
ty-three ballots.  Judge  Niblack  was  elected  and  started 
for  Washington,  Monday,  November  23,  1857. 

When  Judge  Niblack  was  elected  to  congress,  he  re- 
signed as  judge,  and  Judge  Smith  succeeded  him.  In 
1858,  Judge  Niblack  was  again  nominated  for  congress. 
This  time  the  convention  met  at  Princeton.  The  vote 
stood  Niblack  115 ;  Judge  Law,  4.  Law's  four  votes  came 
from  Warrick  county.  In  this  convention  the  leading 
Democrats  from  Dubois  county  were  Dr.  E.  Stephenson 
and  Stephen  J.  Jerger.  The  convention  was  held  July 
22,  1858.  Niblack  and  Hovey  canvassed  the  district  to- 
gether.    Niblack  was  re-elected. 

A  Congressional  Directory  sketch  of  Judge  Lockhart  is 
to  be  found  in  "EXHIBIT  E." 

While  a  member  of  congress,  Judge  Lockhart  insisted 
upon  a  square  deal  for  the  mid-west.  In  this  he  took 
the  same  stand  as  did  the  Hon.  George  H.  Promt,  of 

39.    Ibid.    October  10,  1857. 


JUDGE   JAMES   LOCKHART  33 

Petersburg,  ten  years  before.  Judge  Lockhart  possessed 
a  judicial  mind  that  sought  the  bare  facts  and  the  naked 
truth  in  all  cases  before  him.  Judge  Lockhart  was  an 
important  character  in  the  first  congressional  district, 
particularly  so  in  Evansville.  It  is  thought  he  left  no 
descendants,  and  thus  his  name  is  not  among  us. 
It  has  been  said  that  an 

"analysis  of  the  political  history  of  Indiana  reveals  the  fact  that 
the  highest  degree  of  statesmanship  and  quality  of  leadership  de- 
veloped between  the  years  1855-1885.  A  remarkably  large  number 
of  Indiana's  sons  came  to  the  front  during  those  years  and  acquired 
both  state  and  national  prominence.  Among  them  were  a  number 
of  high-grade  men  who  would  have  done  honor  to  any  position  to 
which  they  might  have  been  assigned."40 

It  thus  appears  that  Judge  Lockhart's  passing  away 
came  all  too  soon.  He  was  in  his  fifty-second  year. 
His  early  death  is  another  reminder  that  pioneers  did 
things  early  in  life,  and  passed  beyond  at  an  age  when 
some  men  now-a-days  just  begin  to  find  themselves. 

Judge  Lockhart  was  a  handsome  man  with  an  open, 
clean-cut  face,  smooth  and  pleasing;  high  forehead, 
heavy,  dark  hair,  parted  directly  over  his  clear  right  eye, 
with  a  heavy  lock  coming  down  in  front  of  each  ear.  His 
lips  were  not  compressed  and  his  mouth  did  not  present 
a  straight  line  across  his  face,  such  as  indicates  a  mind 
closed  to  all  future  evidence  or  reason.  In  the  style  of 
the  day,  he  wore  his  hair  long,  almost  down  to  the  collar 
of  his  coat,  which  was  full,  wide,  and  extensive.  He 
dressed  in  the  regulation  black,  with  pleated  white  shirt, 
high,  white  collar  and  wide,  black  necktie,  a  medium  be- 
tween the  kind  worn  by  General  Harrison  in  1835,  and 
Abraham  Lincoln  in  1865.     The  white  linen  collar  was 

40.     Indianapolis  Star,  February  18,  1921.     John  B.  Stoll. 


34  JUDGE   JAMES  LOCKHART 

unusually  large,  but  not  rigid.  His  clothes  were  made  of 
the  dignified  broadcloth,  of  the  day  as  became  his  profes- 
sion under  the  first  constitution  of  Indiana.  In  all,  his 
appearance  was  one  of  a  dignified,  pleasing  person,  such 
as  one  would  enjoy  to  meet,  cultivate  and  call  a  friend. 

MISCELLANEOUS  REFERENCES 

Congressional  Globe,  Appendix  to  Volume  LV,  page  1041. 

Rockport  Democrat,  April  12,  1856;  May  24,  1856;  June  28,  1856, 
and   October  10,  1857. 

Indianapolis  Journal,  October  19,  1857. 

Leavenworth  Arena,  May  2,  1839. 

Evansville  and  Its  Men  of  Mark,  page  83. 

Elliott's  History  of  Evansville  and  Vanderburgh  County,  1897, 
pages  18,  69,  70,  131,  149  and  494. 

Indiana  Magazine  of  History,  Volume  XVII,  Number  II,  page  168. 

History  of  Vanderburgh  County,  page  341. 

"Proceedings"  or  "Books  of  Debates". 

Indiana  Constitutional  Convention,  Volume  I,  pages  3,  131,  198, 
217,  228,  254,  292,  336,  372,  437,  492,  495,  557,  559,  572,  622, 
634,  659,  732,  735,  737,  800,  837,  862,  938,  950,  984,  985; 
Volume  II,  pages  1031,  1036,  1103,  1183,  1196,  1318,  1337, 
1342,  1360,  1368,  1377,  1381,  1399,  1404,  1405,  1431,  1458, 
1546,  1586,  1589,  1787,  1840,  1856,  1878,  1896,  1899,  1903, 
2030,  (Resolution  217  and  254,  (State  Debt)  732,  735  and  737, 
(Banks)  1557,  1588,  1592  and  1624,  (Women)  1896  and  1899, 
(Stockholders)   1878  and  2077. 

History  of  Pike  and  Dubois,  pages  309,  310,  311,  507  and  512. 

Judicial   Circuits,   Acts   of   1838   and    1839,   Chapter   II,   page   8. 

Judicial  Circuits,  Acts  of  1841,  pages  99  and  109. 

Judicial  Circuits,  Acts  of  1842,  page  39. 

Congressional  Globe,  Volume  XXIV,  Part  I,  page  224. 

Congressional  Globe,  Volume  XXIV,  Part  I,  page  800. 

Congressional  Globe,  Volume  XXIV,  Part  II,  page  898. 

Congressional  Globe,  Volume  XXIV,  Part  II,  page  1004. 

Congressional  Globe,  Volume  XXIV,  Part  II,  page  1171. 

Congressional  Globe,  Volume  XXIV,  Part  II,  pages  1377, 1455, 1456, 
1847,  1848,  1693  and  1694. 

Congressional  Globe,  Volume  XXIV,  Part  III,  page  1889. 


JUDGE  JAMES  LOCKHART  35 


PART  II 

The  Following  Quotations  Are  Added  to  Illuminate  the 
Preceding  Sketch. 

EXHIBIT  "A" 

GRAND  JURY  SYSTEM 

Judge  James  Lockhart's  speech  on  the  Grand  Jury- 
System,  delivered  before  the  constitutional  convention, 
1850,  at  Indianapolis: 

"There  is,  Sir,  perhaps  no  question  that  has  been  or  will  be 
submitted  to  the  consideration  of  this  convention  of  more  im- 
portance to  the  people  of  this  state  than  the  one  now  under 
consideration.  The  question  for  decision  is — shall  the  grand  jury, 
an  institution  which  has  prevailed  for  so  long  a  series  of  years 
in  the  country  from  which  we  have  derived  so  large  a  portion  of 
our  present  laws  and  institutions  and  which  has  been  so  long 
and  so  successfully  in  operation  in  this  country,  be  abolished? 
This,  Sir,  is  an  important,  a  grave  question  and  one  which  demands 
the  serious  consideration  of  this  deliberate  body. 

"The  gentleman  from  Tippecanoe,  Sir,  has  taken  a  bold  stand 
in  presenting  as  he  has  for  the  consideration  of  the  convention, 
a  proposition  which,  if  not  entirely  new,  is  measurably  so  here. 
He  proposes  to  change  essentially  the  organic  law  of  the  state  and 
upon  a  point  too,  which  has  not  attracted  the  attention  of  the 
constitutional  conventions  in  other  states  of  the  Confederacy.  He 
desires,  Sir,  to  abolish  the  Grand  Jury  System  and  to  substitute 
in  its  stead  public  examinations  before  justices  of  the  peace.  In- 
stead of  having  bodies  of  men  chosen  by  the  constituted  authori- 
ties of  the  state  to  examine  into  all  violations  of  the  penal  statutes, 
he  proposes  public  examinations  before  magistrates.  I  say,  Sir, 
this  is  a  bold  proposition.  As  was  remarked  by  the  gentleman 
from  Switzerland  (Mr.  Kelso),  there  are  in  Marion  County  ten 
townships  and  probably  twenty-five  justices  of  the  peace.  Should 
the  proposition  of  the  gentleman  from  Tippecanoe  prevail,  the 
duties  that  now  devolve  upon  the  Grand  Jury  would  be  transferred 


36  JUDGE   JAMES  LOCKHART 

to  these  twenty-five  justices  of  the  peace.  You  then  have  twenty- 
five  petty  courts  in  this  county  whose  duty  it  would  be  publicly 
to  inquire  into  all  violations  of  the  penal  code,  the  evidence  to  be 
taken  down  by  the  respective  magistrates  and  handed  over  to  the 
clerk  of  the  circuit  court,  by  him  to  be  transferred  to  the  prose- 
cuting attorney  and  then,  if  in  his  judgment  there  should  be  evi- 
dence enough  to  warrant  a  prosecution,  he  is  to  make  out  a  proper 
accusation  and  file  it.  This  is  the  plan,  as  I  understand  it,  pre- 
sented by  the  gentleman  from  Tippecanoe. 

"The  gentleman  from  Laporte  (Mr.  Niles),  suggests  another 
plan.  He  suggests  that  the  five  oldest  magistrates  of  the  county 
be  chosen  to  discharge  the  duties  that  now  devolve  upon  grand 
jurors,  and  that  they  shall  hold  open  courts  at  stated  periods  for 
the  purpose  of  hearing  criminal  accusations,  and  if  the  evidence 
be  sufficient,  recognize  or  commit  the  defendant  to  answer  the 
circuit  court,  taking  down  the  evidence  the  same  as  proposed  by 
the  gentleman  from  Tippecanoe  and  file  it  in  the  clerk's  office 
for  the  use  of  the  prosecuting  attorney;  but  he  does  not  appear  to 
be  satisfied  that  his  plan  will  work,  and  if  it  does  not  I  under- 
stand him  to  be  in  favor  of  retaining  the  present  Grand  Jury 
System.  Indeed,  after  listening  to  his  interesting  and  able  argu- 
ment, I  came  to  the  conclusion  that  he  was  in  doubt  himself  what 
would  be  the  best  system — and  to  reduce  his  argument  to  a  syl- 
logistic form  it  amounted  to  this,  that  he  was  in  favor  of  abolishing 
the  Grand  Jury  if  a  better  system  could  be  devised;  if  not  he 
was  in  favor  of  retaining  it. 

"Mr.   L.  :    The  gentleman  from  Tippecanoe  says 

that  we  do  not  keep  up  with  the  spirit  of  the  age  in  maintaining 
the  Grand  Jury  System,  that  it  is  an  attribute  of  kingly  power, 
and  that  it  retards  rather  than  advances  the  interests  of  society. 
I  do  not  admit  that  Grand  Juries  were  instituted  as  auxiliaries  to 
the  crown,  but  assert  that  they  were  instituted  to  protect  the  citizen 
against  malicious  prosecutions. 

"Allusion  has  been  made  to  the  court  of  the  Star  Chamber 
by  the  gentleman  from  Tippecanoe,  by  way  of  illustrating  tne 
position  he  maintained  in  regard  to  the  abolition  of  the  Grand 
Jury  System.  Now,  Sir,  I  would  ask  the  gentleman  whether,  if  his 
proposition  prevails,  we  will  not  be  brought  back  to  that  period 
in  English  history,  at  which  the  court  of  the  Star  Chamber  com- 


JUDGE   JAMES   LOCKHART  37 

menced  its  usurpation  of  power;  whether,  if  we  abolish  the  Grand 
Jury  System  and  substitute  the  one  he  has  proposed,  it  will  not 
bring  us  back  to  the  commencement  of  the  reign  of  Henry  VII. 
Previous  to  that  period  Grand  Juries  were  organized  and  used 
for  the  purpose  of  presenting  accusations  against  criminals  for 
persecutions. 

"The  earliest  history  we  have  of  that  institution  is  that  it 
was  first  introduced  among  the  Saxons,  but  at  what  particular 
period  it  was  adopted  it  is  uncertain.  Long  before  the  court  of  the 
Star  Chamber  came  into  power  and  during  the  reign  of  Henry 
III,  Grand  Juries  were  in  existence,  and  if  my  reading  is  correct 
they  were  instituted  for  the  protection  of  the  subject,  and  not  to 
enable  the  king  to  carry  out  his  tyrannical  purposes.  It  is  true 
the  Grand  Jury  was  virtually  abolished  by  the  enlarged  jurisdic- 
tion assumed  by  the  court  of  the  Star  Chamber,  during  the  reign 
of  Henry  VII,  to  enable  the  crown  to  carry  on  its  malicious  prose- 
cutions, will  not  the  magistrates'  courts,  with  their  public  exam- 
inations, be  Star  Chamber  courts  in  miniature  substituting  only 
the  prosecuting  attorney  for  the  king? 

"The  gentleman  from  Tippecanoe  did  not,  when  speaking 
of  English  jurisprudence,  allude  to  that  period  in  English  history 
commencing  with  the  reign  of  Henry  VII  and  terminating  with 
that  of  Charles  I,  a  period  of  a  hundred  years  during  which  the 
court  of  the  Star  Chamber  triumphed  in  the  overthrow  of  the 
Grand  Jury  System.  He  did  not  refer  to  the  time  when  Henry 
and  his  successors  took  their  seat  on  the  bench  and  became  a 
component  part  of  the  court,  to  carry  out  their  own  behests  in 
violation  of  law  and  the  rights  of  the  subject.  This  system  of 
administering  the  laws  of  England,  prevailed  for  more  than  a 
century,  and  where  was  the  right  of  the  citizen  during  that  time? 
This  was  the  period  so  lightly  passed  over  by  the  gentleman  from 
Tippecanoe.  The  wrongs  the  people  of  England  experienced  dur- 
ing that  period,  called  so  loudly  for  redress  that  during  the  reign 
of  Charles  I  the  government  was  compelled  to  come  back  to  the 
Grand  Jury  System.  From  that  period  to  the  present  this  system 
has  been  in  use,  both  in  England  and  America;  every  state  in  this 
Confederacy  having  incorporated  it  in  their  system  of  jurisprudence 
and  now  in  the  middle  of  the  nineteenth  century  we  are  told  that 
to  retain  it  is  behind  the  spirit  of  the  age,  I  do  not  believe  it. 

4-80673 


38  JUDGE   JAMES  LOCKHART 

"While  the  gentleman  from  Tippecanoe  and  the  gentleman 
from  Laporte  are  both  strenuous  in  favor  of  the  abolition  of  the 
Grand  Jury  System,  they  are  equally  anxious,  they  say,  to  afford 
to  the  accused  an  impartial  trial  by  jury.  How,  Sir,  I  would  in- 
quire, if  this  resolution  should  be  adopted  and  the  Grand  Jury 
System  abolished  are  you  to  increase  the  chances  for  fair  and 
impartial  trials?  There  would  exist  the  same  objections  to  making 
public  examinations  before  a  single  magistrate,  as  proposed  by 
the  gentleman  from  Tippecanoe,  or  three,  four  or  five  magistrates 
as  proposed  by  the  gentleman  from  Laporte,  that  there  would  be 
to  public  examinations  before  Grand  Juries.  The  gentlemen  who 
advocate  the  abolition  of  the  Grand  Jury  System,  admit  that 
public  examination  before  Grand  Juries  would  never  answer;  my 
opinion  is  that  they  would  answer  in  one  place  as  well  as  the 
other. 

"Public  examination  must  inevitably  tend  to  lessen  the  chances 
for  a  fair  trial  before  a  traverse  jury.  Suppose  the  public  mind 
becomes  inflamed  in  regard  to  some  particular  criminal,  how  can 
he  rely  upon  having  a  fair  and  impartial  jury  when  all  the  evi- 
dence for  and  against  him  is  known?  But  preserve  the  secrecy 
of  the  Grand  Jury,  let  his  case  be  examined  there,  keep  the  evi- 
dence from  the  public,  and  you  increase  his  chances  for  a  fair 
and  impartial  trial.  How  frequently  is  it  now,  that  in  counties 
where  there  have  been  certain  violations  of  the  penal  law,  that 
the  public  mind  becomes  exasperated  and  inflamed  against  the 
accused,  so  much  so  that  a  great  number  of  applications  are 
made  for  a  change  of  venue,  how  much  more  frequent  would  these 
applications  be  if  all  examinations  were  public.  And,  Sir,  three- 
fourths  of  these  applications  are  brought  about  by  the  public 
investigation  which  we  must  necessarily  have  before  committing 
magistrates,  and  at  coroners'  inquests.  When  any  great  crime 
has  been  committed,  the  whole  community  flocks  to  hear  the  trial, 
and  the  prisoner  knowing  that  fact— knowing  that  the  public  mind 
is  prejudiced  against  him,  from  having  heard  the  examination, 
pleads  for  a  change  of  venue.  The  court  cannot  fail  to  see  that 
there  is  some  ground  for  apprehensions  entertained  by  the  pris- 
oner, and  if  not  compelled  by  an  imperative  mandate  of  the  law, 
would,  from  a  sense  of  justice,  feel  bound  to  grant  the  prayer  of 
the  accused,  the  prisoner  is  transferred  for  trial,  to  another  juris- 


JUDGE   JAMES   LOCKHART  39 

diction,  where  there  are  men  whose  minds  have  not  been  warped 
or  prejudiced  against  him,  where  there  are  men  who  are  entirely 
ignorant  of  the  transaction,  who  can  be  placed  on  the  panel,  hear 
the  evidence  and  pronounce  an  impartial  and  just  verdict.  In  my 
judgment,  Sir,  nothing  can  be  clearer  than  that,  if  public  examina- 
tions are  instituted,  application  on  application  will  be  made  for 
changes  of  venue,  because  of  the  difficulty  in  getting  fair  and  im- 
partial juries.  I  would  say  here,  Sir,  that  I  am  not  in  favor  of 
having  all  offenses  punished  by  indictment.  I  have  long  since 
arrived  at  the  conclusion  that  our  legislation  ought  to  be  different 
on  that  subject,  and  that  a  large  number  of  misdemeanors  now 
punishable  by  indictment,  might  be  tried  before  justices  of  the 
peace,  reserving  of  course  the  right  of  appeal.  I  think  that  in  this 
particular,  the  Grand  Jury  System  may  be  modified,  without  in- 
fringing the  rights  of  the  citizen,  but  I  am  utterly  opposed  to  its 
entire  abolition,  considering,  as  I  do,  that  no  substitute  can  be 
found.  And,  Sir,  before  I  would  vote  to  abolish  the  Grand  Jury, 
and  place  it  in  the  power  of  one  man  to  hear  the  evidence,  take  it 
down  as  he  understands  it,  and  then  give  the  prosecuting  attorney 
the  power,  from  that  evidence,  to  prepare  an  indictment  and  bring 
a  citizen  to  trial — I  say,  Sir,  before  I  could  vote  for  such  a  propo- 
sition as  this,  a  radical  change  must  be  wrought  in  my  mind,  I 
would,  Sir,  with  my  present  impression  as  soon  think  of  voting 
for  the  celebrated  French  declaration  that  there  was  no  Sabbath 
and  that  death  was  an  eternal  sleep.  I  prefer  rather  to  vest  that 
power  in  the  hands  of  eighteen  Grand  Jurors — men  not  versed  in 
law  and  fresh  from  the  masses  of  the  people.  Keep  your  prosecut- 
ing attorney  out  of  the  Grand  Jury  room,  except  when  invited  there 
as  the  legal  adviser  of  the  jury,  so  that  he  may  exert  no  undue 
influence  over  them.  Leave  them  to  act  free  from  dictation  or  any 
extraneous  influence,  and  they  will  invariably  do  right.  During 
my  brief  career  at  the  bar  I  have  prosecuted  for  the  state  and  can 
bear  testimony  to  the  high  .and  honorable  bearing  of  citizens  who 
usually  compose  Grand  Juries.  Let  them  receive  the  charge  of 
the  court,  examine  the  statute  law  of  the  state,  hear  the  evidence 
of  the  witnesses,  and  leave  them  unfettered  by  the  admonitions  of 
the  prosecuting  attorney,  and,  my  word  for  it,  ninety-nine  out  of 
a  hundred  of  their  decisions  will  prove  correct.  Malicious  prose- 
cutions to  be  sure,  may  sometimes  be  preferred,  but  abolish  the 


40  JUDGE   JAMES  LOCKHART 

Grand  Jury  System  and  there  will  be  ninety-nine  malicious  prose- 
cutions preferred  by  the  prosecuting  attorney  and  his  petty  magis- 
trates to  one  made  by  the   Grand  Jury. 

"I  repeat  again,  Sir,  that  there  is  no  question  in  which  the 
people  are  more  deeply  interested  than  in  that  of  a  fair  and  im- 
partial administration  of  the  criminal  law  of  the  state.  It  is  due 
to  our  citizens  and  the  state  that  such  a  system  of  jurisprudence 
should  be  adopted  by  this  convention,  as  will  not  only  guarantee 
the  rights  of  citizens,  but  will  at  the  same  time  secure  to  the  state 
her  full  rights,  and  enable  us  under  all  circumstances,  without 
unnecessary  delay,  to  punish  those  who  violate  our  penal  laws. 
Can  we  do  this,  Sir,  by  abolishing  the  present  Grand  Jury  System, 
and  substituting  public  examinations  before  justices  of  the  peace 
in  its  place?  I  think  not.  I  am  of  opinion  that  no  institution 
or  system  can  be  devised  so  perfectly  well  adapted  to  secure  the 
rights  of  citizens  and  of  the  states  as  that  of  the  Grand  Jury. 
I  predict,  Sir,  that  if  the  principles  contained  in  this  resolution 
are  adopted  and  embodied  in  the  new  constitution  that  at  the  ex- 
piration of  five  years  there  will  be  found  a  large  majority  of  the 
people  of  this  state  in  favor  of  coming  back  to  the  Grand  Jury.  It 
will  be  found  that  the  expense  of  prosecuting  before  magistrates 
will  far  exceed  the  expense  of  the  Grand  Jury  System.  The  expense, 
however,  is  not  what  I  look  at.  The  question  is,  is  this  institution 
an  important  element  in  the  perpetuity  of  our  free  institutions? 
If  it  is  it  matters  not  what  it  costs.  The  question  is  not  one  of 
dollars  and  cents,  but  is  it  the  best  system  for  effecting  the  pur- 
pose designed  in  its  organization?" 

Proceedings,  Volume  I,  pages  200  and  202. 


JUDGE   JAMES   LOCKHART  41 

EXHIBIT  "B" 

BANKING 

Remarks  in  part,  of  Judge  James  Lockhart,  on  BANK- 
ING, delivered  in  the  constitutional  convention,  January 
7,  1851: 

"There  was,  perhaps,  no  period  in  the  history  of  the  Western 
country  so  favorable  to  the  assembling  of  a  convention  to  lay  down 
the  fundamental  laws  of  a  free  state,  as  the  period  at  which  the 
convention  of  1816  assembled.  It  was  immediately  after  the  close 
of  the  late  war  with  Great  Britain  that  the  delegates  of  the 
Indiana  Territory  assembled  in  convention  at  Corydon  to  form 
our  present  constitution.  It  was  a  period  when  universal  bank- 
ruptcy prevailed  throughout  the  land — when  business  of  every  kind 
was  prostrated;  at  a  period  when  we  had  but  little  or  no  commerce 
upon  which  to  levy  import  duties,  or  to  replenish  an  exhausted,  a 
bankrupt  national  treasury.  It  was  at  that  gloomy  period  in  the 
financial  history  of  the  United  States,  that  our  constitution  was 
formed,  and  it  will  not  be  saying  too  much  for  the  delegates  of  the 
convention  that  they  formed  a  better  constitution  for  Indiana,  than 
any  then  known  to  our  political  history.  It  was  the  first  constitu- 
tion, I  believe,  of  any  state  in  which  the  elective  franchise  was  de- 
clared open  and  free  to  every  citizen.  It  was  at  that  day  a  model 
constitution;  since  then  many  of  the  older  states  have  assembled 
in  convention  to  alter,  revise  and  amend  their  organic  laws;  the 
bright  example  set  forth  by  Indiana  in  placing  all  her  citizens  upon 
the  same  broad  political  platform,  by  most  of  them,  was  deemed 
worthy  of  imitation.  Indiana  was  the  first  state  of  the  Union 
that  declared  in  her  constitution  that  there  should  be  no  bank 
or  banking  institution  established  in  the  state  unless  it  should  be 
a  state  bank  and  branches,  in  which,  by  implication  at  least  the 
state  was  to  be  a  stockholder,  and  that  individual  stock  to  a  certain 
amount  should  be  subscribed  and  paid  in,  in  specie,  before  the  bank 
could  commence  operations.  The  farmers  of  the  constitution  had 
seen  the  evils  incident  to  independent  or  free  banking.  They  had 
seen  the  entire  banking  system  of  Kentucky  go  by  the  board.  They 
had   seen  bank  after  bank  in   other   states  go  bankrupt.     They 


42  JUDGE   JAMES  LOCKHART 

had  seen  the  country  flooded  with  the  paper  of  broken  banks,  not 
worth  a  cent  on  the  dollar.  They  had  known  the  farmer,  the 
mechanic  and  the  laboring  man  to  receive  in  exchange  for  his  prod- 
uce, his  wares  or  his  labor,  that  which  was  supposed  to  be  money, 
and  that  which  passed  for  money  in  the  evening  which  on  the  fol- 
lowing day  was  of  little  value  as  so  much  blank  paper.  They  had 
been  eye  witnesses  to  the  (enormous)  monstrous  frauds  which  had 
been  practiced  by  these  "shin-plaster  machines,"  upon  the  honest, 
unsuspecting  citizens.  To  remedy  those  evils  they  placed  the  pro- 
vision in  the  constitution  to  which  I  have  alluded,  and  but  for 
that  wise  and  wholesome  provision,  I  have  no  doubt  but  that 
Indiana  would  have  been  this  day  overrun  with  rotten,  with  worth- 
less banks,  the  same  as  many  of  our  sister  states  have  been 
and  now  are.  As  Indianians  we  may  feel  proud  of  the  conven- 
tion of  1816;  if  our  labors  shall  close  with  the  production  of  a 
constitution  as  far  in  advance  of  other  states  now,  as  was  the 
constitution  of  1816  then,  we  may  congratulate  ourselves  with 
having  discharged  the  high  and  important  duties  assigned  us, 
to  the  satisfaction  of  those  who  sent  us  here.  Under  that  con- 
stitution Indiana  took  her  place  in  our  glorious  sisterhood  of 
states  with  a  population  barely  sufficient  for  admission;  but  how 
does  the  account  stand  today?  In  the  brief  period  of  thirty-four 
years  our  population  has  increased  from  sixty  thousand  to  a 
million.  How  rapid  the  change!  How  amazing  the  advancement! 
Up  to  1834  we  progressed  slowly  but  steadily.  In  that  year  the 
legislature  incorporated  the  present  state  bank.  From  that  period 
a  brighter  day  dawned  for  Indiana.  From  that  time  to  the  present, 
our  growth  and  improvements  have  been  extremely  rapid.  Since 
the  organization  of  the  state  bank  as  imperfect  and  monopolizing 
as  it  is,  and  the  overthrow  of  the  bank  of  the  United  States,  every 
interest  throughout  the  state  has  prospered  and  improved,  without 
a  parallel  in  the  progress  of  states.  Since  then  our  population 
has  rapdily  increased;  nearly  doubled,  perhaps  more  than  doubled. 
"It  must  be  admitted  by  every  gentleman  upon  this  floor  that 
the  state  bank  has  done  much  towards  producing  the  rapid  changes 
to  which  I  have  alluded.  It  has  enabled  produce  dealers  and  com- 
mercial men  to  purchase  for  cash  and  at  fair  prices,  the  rich  pro- 
ductions of  the  soil.  It  has  furnished  means  to  the  farmer,  by 
which  to  enable  him  to  add  to  his  possessions  and  the  number  of 


JUDGE   JAMES   LOCKHART  43 

his  fields,  by  increasing  the  value  of  his  produce.  No  one,  I  think, 
will  deny  this.  If  he  does,  let  me  refer  him  to  the  ten  years 
immediately  preceding  the  establishment  of  the  bank,  and  ask 
him,  to  contrast  that  period  with  the  ten  years  next  succeeding 
its  establishment.  By  so  doing,  he  will  find  that  the  products  of 
the  farm  brought  at  least  fifty  per  cent  more  on  the  average  an- 
nually, after  its  incorporation  than  before. 

"I  have  now  briefly  alluded  to  some  of  the  benefits  which  I 
think  the  community  at  large  has  derived  from  the  institution  of 
the  state  bank.  That  the  bank  has  been  productive  of  some  evil, 
as  well  as  much  good,  no  one  acquainted  with  its  operations,  will 
pretend  to  deny.  But  that  the  benefits  which  the  community  at 
large  have  derived  from  it,  are  infinitely  (was)  superior  to  the 
evils  which  it  has  entailed,  but  few,  I  apprehend  will  dispute.  With 
a  knowledge  of  these  facts  before  us,  can  we,  in  the  present  finan- 
cial history  of  the  country,  as  prudent  and  consistent  men,  with- 
draw this  institution,  and  substitute  in  its  place  free  banks?  Shall 
we  destroy  an  institution  which  from  its  commencement,  has  fur- 
nished us  with  a  safe  and  sound  paper  circulation,  a  circulation  in 
which  our  entire  population  has  confidence? 

"I  call  upon  delegates  to  pause  and  reflect  before  they  do  it — 
to  be  well  advised  before  they  transplant  to  our  soil  the  New 
York  or  Michigan  system  of  free  banking.  Banking  I  have  always 
regarded  as  an  evil,  but  an  evil  which  for  the  present  we  must 
tolerate.  The  interests  of  the  people  demand  it.  We  are  an  agri- 
cultural people;  our  farms  and  plantations  are  every  year  being 
enlarged,  and  an  increased  amount  of  territory  brought  within 
the  bounds  of  cultivation.  As  an  evidence  of  our  rapid  increase 
in  agricultural  productions,  it  is  only  necessary  to  refer  to  the 
well-attested  fact,  that  more  produce  passes  through  the  Wabash 
and  White  rivers,  in  the  course  of  a  year,  than  twenty-five  years 
ago  passed  down  the  Ohio  in  the  same  time.  This  rapid  increase 
in  the  productions  of  the  soil,  is  not  limited  to  Indiana.  The  entire 
west  is  becoming  one  vast  garden.  Our  lakes  and  rivers,  which 
but  a  few  years  ago  were  our  main  thoroughfares  to  market  are 
now  inadequate  to  our  marts.  A  canal  passing  from  the  north- 
eastern corner  to  the  southwestern  angle  of  the  state,  is  nearly 
completed.  To  this,  railroads  and  plank  roads  are  being  added  in 
almost  every  direction.     All  of  which  are  needed  to  bear  off  the 


44  JUDGE   JAMES   LOCKHART 

rich  production  of  the  soil.  To  sustain  these  interests,  is  the  plain 
duty  of  every  citizen.  Can  it  be  done  by  limiting  the  circulation 
to  gold  and  silver?  Those  best  acquainted  with  the  financial  affairs 
of  the  country,  say  no.  They  insist  that  our  currency,  with  all 
the  aids  we  receive  from  banks,  is  inadequate  to  our  wants.  With- 
draw from  the  circulation  the  $125,000,000  of  bank  paper  now  in 
circulation  and  put  in  circulation  the  $51,000,000  of  specie  in  the 
vaults  of  the  banks,  and  you  will  withdraw  from  circulation  $74,- 
000,000  of  currency;  a  result  which  no  friend  to  commerce  or  the 
interests  of  the  agricultural  portion  of  our  people  would  desire. 
Yet  to  annihilate  banks  would  produce  this  very  result.  Hence 
the  cry  for  banks.  The  people  in  the  portion  of  the  state  from 
which  I  come,  are  generally  in  favor  of  a  state  bank  and  branches. 
In  the  northern  and  central  portions  the  cry  is  "free  banks."  For 
myself,  I  can  say,  that  if  I  must  choose  between  the  two  systems, 
I  am  decidedly  in  favor  of  the  state  bank  system.  My  great 
anxiety  is,  that  if  we  tolerate  banks  at  all,  that  we  should  have 
none  but  sound  solvent  specie-paying  banks,  and  if  we  cannot  have 
such,  let  us  have  none.  The  state  bank  approximates  as  near  to 
this  standard  as  any  banking  institution  well  can.  Will  free  banks 
do  as  well?  This  inquiry  can  only  be  answered  by  comparison, 
as  we  have  no  practical  experience  in  free  banking." 

(See  Proceedings  of  the  Convention,  Volume  II,  page 
1557.) 

EXHIBIT  "C" 

INTERNAL  IMPROVEMENTS 

Speech  of  Judge  James  Lockhart  on  River  and  Harbor 
Bill,  July  22,  1852 : 

Among  other  things,  Judge  Lockhart  said: 

"In  that  provision  of  the  bill  which  appropriates  money  for 
the  improvement  of  the  Ohio  and  Mississippi  rivers,  the  people  of 
the  district  which  I  have  the  honor  of  representing  are  deeply 
interested.  That  district  extends  from  the  mouth  of  the  Wabash 
River  to  within  eight  miles  of  the  Falls  of  the  Ohio,  a  distance 


JUDGE   JAMES   LOCKHART  45 

of  about  two  hundred  and  fifty  miles.  Fronting  this  district 
most  of  the  obstructions  in  the  lower  Ohio  are  to  be  found.  My 
constituents,  then,  are  deeply  interested  in  every  movement  made 
for  the  improvement  of  the  navigation  of  that  noble  river. 

"I,  Sir,  would  prove  recreant  to  duty  and  the  best  interests 
of  my'  constituents  were  I  to  omit  to  urge  the  importance  of 
these  improvements  upon  the  attention  of  congress,  and  to  ask 
its  favorable  action  upon  them.  The  waters  which  descend  the 
western  slope  of  the  Alleganies  and  drain  the  great  basin  of  the 
Mississippi  Valley,  in  their  meandering  course  to  the  ocean,  wash 
the  shores  of  thirteen  of  the  finest  states  of  this  Confederacy. 
Upon  the  bosom  of  the  noble  rivers  of  the  West,  the  rich  agri- 
cultural productions  of  these  vast  regions  are  borne  to  market, 
and  millions  of  our  fellow-citizens,  in  their  passage  from  one  sec- 
tion of  the  republic  to  another,  annually  travel. 

"Before  proceeding  to  give  my  views  upon  the  merits  of  the 
bill  now  before  the  committee,  it  is  perhaps  proper  that  I  should 
say  that  I  belong  to  the  class  of  politicians  who  believe  in  a  strict 
and  rigid  adherence  to  the  principles  of  the  constitution. 

"I    maintain    that   the    states    are   independent   powers,    and 
possess  absolute  sovereignty,  which  carries  with  it  an  undoubted 
right  to  legislate  upon  all  questions  unless  restrained  by  local  con- 
stitutional law  or  the  Federal  Constitution,  and  that  congress  pos- 
sesses no  power  to  legislate  upon  any  subject  unless  that  power 
is  expressly  delegated  to  it  by  the  constitution,  or  necessarily  im- 
plied to  enable  the  expressly  delegated  powers  to  be  executed.     To 
travel  beyond  this  point  in  looking  for  authority  for  our  action,  we 
are  trespassing  upon  the  reserved  rights  of  the  states  and  the 
people.    This  is  what  I  understand  to  be  a  states-rights  Democratic 
doctrine.     Professing  to  be  guided  by  these  views,  I  can  vote  for 
most  of  the  appropriations  contained  in  this  bill.    I  am  aware,  Sir, 
that  upon  this  subject  there  are  differences  of  opinion  between 
members  of  the  same  great  political  family,  and  it  is  probably 
fortunate  for  the  country  that  it  is  so.    If  we  were  all  of  one  mind, 
and  in  power,  by  taking  one   direction,  profligacy   and  extrava- 
gance might  mark  our  course;  if  the  other,  the  wants,  interests  and 
rights  of  the  people  might  be  neglected  and  disregarded.     These 
different  and  conflicting  views,  while  they   restrain   and   control 
extravagance  and  waste,  will  insist  upon  a  just  and  liberal  policy 


46  JUDGE   JAMES  LOCKHART 

which  will  impose  no  unnecessary  or  unjust  burdens  or  restrictions 
upon  any  class  of  our  fellow-citizens,  but  on  the  contrary  afford 
just  and  equal  protection  and  facilities  to  all.  I,  Sir,  agree  with 
neither  of  these  extremes;  there  is  a  medium,  a  just  and  prudent 
course,  which  I  think,  with  all  due  deference  to  the  opinions  of 
others,  ought  to  be  pursued. 

"This  course  was  dearly  and  distinctly  laid  down  by  General 
Jackson,  one  of  our  ablest  and  most  patriotic  presidents.  That 
doctrine  is  so  clear  and  explicit,  that  he  who  reads  can  understand 
it.  It  received  a  universal  approval  from  the  American  people 
at  the  time  of  its  promulgation.  It  was  then  regarded  as  a  Demo- 
cratic doctrine,  and  those  who  rightly  understand  the  doctrine  of 
the  Democratic  party,  I  apprehend,  will  regard  the  teachings  of 
Jackson  as  Democratic  now.  While  he  was  very  clear  and  explicit 
against  all  improvements  of  a  local  character,  he  was  equally 
clear  and  explicit  in  favor  of  judicious  appropriations  for  the 
improvement  of  our  great  navigable  rivers.     *     *     * 

"Here,  Sir,  you  have  the  views  of  the  sage  of  the  Hermitage, 
a  man  whose  memory  will  be  revered,  and  whose  name  will  be 
handed  down  to  posterity  as  one  of  the  ablest  expounders  of  con- 
stitutional law,  of  this  or  any  other  age.  Few  men  of  any  age 
have  possessed  more  of  those  controlling  qualities  which  combine 
to  make  the  great  man  than  did  Andrew  Jackson.  By  the  lights 
of  his  counsel,  I  profess  to  be  guided.  By  the  standard  which 
he  erected,  I  am  willing  that  my  political  faith  shall  be  tested. 

"But,  Sir,  General  Jackson  was  not  the  only  Democratic  presi- 
dent who  favored  improvements  of  the  character  I  advocate,  they 
have  received  the  countenance  and  support  of  Washington,  Jeffer- 
son, Madison  and  Monroe.  Does  any  one  doubt  it?  I  will  give  him 
incontestable  proof.  Washington,  during  his  administration,  ap- 
proved some  twenty  bills,  making  specific  appropriations  for  the 
erection  and  support  of  light-houses,  and  at  least  one  for  the 
support,  maintenance  and  repairs  of  'beacons,  buoys  and  public 
piers,  erected,  placed  or  sunk  within  any  bay,  inlet,  harbor  or 
point  of  the  United  States'."  etc.     *     *     * 

In  this  manner  Judge  Lockhart  entered  upon  his  speech 
asking  for  an  appropriation  to  improve  the  Ohio  and  the 
Mississippi  rivers,  etc. 


JUDGE  JAMES  LOCKHART  47 

(Appendix,  Volume  XXV,  Page  863,  Congressional 
Globe.) 

In  this  connection  it  is  well  to  state  that  the  eastern 
states,  or  states  east  of  the  mountains,  were  not  very  fa- 
vorable to  the  development  of  the  Mississippi  valley. 

EXHIBIT  "D" 

NEWSPAPER  TRIBUTES 

The  Evansville  Journal's  tribute  to  Judge  James  Lock- 
hart: 

"It  is  with  grief  and  sadness  that  we  announce  the  death  of 
our  townsman  Judge  James  Lockhart,  member  of  congress  elect 
from  this  district.  He  died  on  Monday  morning,  the  seventh  inst., 
at  three  o'clock.  He  has  been  lingering  for  months,  with  the  fatal 
disease  of  an  ulcerated  stomach,  daily  and  visibly  declining  to  the 
grave,  which  he  approached  with  calmness,  fortitude  and  hope,  and 
has  at  last  entered  its  gates,  and  they  have  closed  over  him  for- 
ever, and  shut  from  the  eyes  of  those  who  have  for  the  period 
of  a  generation  seen  him  an  active  and  conspicuous  member  of 
our  community. 

"In  his  grave  lie  buried  all  political  animosities  and  personal 
envies,  and  we  recall  at  this  sad  hour  only  the  virtues,  the  good 
deeds,  and  the  noble  traits  of  the  deceased,  and  in  reflecting  upon 
these,  we  can  join  in  sympathy  with  his  bereaved  friends,  and 
shed  tears  of  grief  and  sorrow  over  his  departure. 

"It  is  sad  to  number  the  long  train  of  old  and  worthy  citizens 
who  are  daily  passing  from  us  to  the  tomb.  Those  who  can  re- 
call the  members  of  the  old  bar,  as  they  traveled  with  the  court 
twenty  years  ago,  around  the  long  circuit,  a  band  of  men,  made 
athletic  in  body  by  travel  and  exposure,  and  ready  and  vigorous 
mentally  by  constant  intellectual  conflicts— generous  and  frank  by 
mutual  confidence  and  respect — are  saddened  by  the  reflection  how 
few  of  them  remain,  lingering  upon  the  earthly  side  of  the  grave. 
Judge  Lockhart  has  for  more  than  twenty-five  years,  been  a  con- 
spicuous associate  of  them,  and  has  been  known  to  almost  every 


48  JUDGE   JAMES  LOCKHART 

man  living  within  the  old  first  congressional  district  of  Indiana; 
and  few  there  are  among  the  whole  population,  who  will  not — for- 
getting all  former  political  prejudices — feel  sadness  and  grief  at 
his  death.  He  became  a  resident  of  this  city  in  1832,  then  a  mere 
village — and  has  been  a  participant,  in  its  fortunes — a  promoter 
of  its  growth  and  prosperity — manifesting  a  lively  interest  in  its 
advancement  up  to  the  day  of  his  exit. 

"He  was  born  in  Auburn,  State  of  New  York,  in  the  year 
1806,  and  was  therefore  in  the  fifty-second  year  of  his  age.  He 
began  the  practice  of  law  here  in  1833,  and  soon  became  a  popular 
and  influential  advocate — and  in  1841  he  was  elected  prosecuting 
attorney  for  this  judicial  district,  by  a  legislature,  a  majority  of 
whose  members  were  opposed  to  him  in  political  sentiments.  In 
1843  he  was  re-elected  to  the  same  office.  In  1845  he  was  ap- 
pointed judge  of  this  circuit  for  a  term  of  seven  years,  which 
position  he  held  until  September,  1851,  when  he  resigned  it  to 
take  his  seat  in  congress.  His  first  election  to  congress  was  in 
October,  1850.  At  the  election  of  1852  he  gave  way  to  the  preten- 
sions of  Col.  Smith  Miller.  At  the  last  October  election  (1856) 
he  was  again  elected  to  congress,  carrying  the  district,  after  a 
very  warm  contest,  by  a  majority  of  nearly  five  thousand  votes. 

"Though  his  friends  have  long  feared  he  would  never  fill  his 
seat  in  the  House,  yet  he  has  been  maturing  plans  for  the  accom- 
plishment of  various  public  objects,  for  the  benefit  of  his  district, 
and  promised  himself  the  honor  and  gratification  of  achieving  them. 
But  his  labors  are  ended  and  those  who  have  known  him  so  long 
amid  the  busy  scenes  around  us,  'will  know  him  no  more  forever'. 
There  is  a  void  in  the  community,  that  will  long  be  felt  in  the 
social  circle — at  the  domestic  hearth — in  the  forum — and  in  the 
political  arena.  He  has  ever  been  the  leader  of  his  party  in  the 
'Pocket'." 

(Page  2,  column  2,  the  Rockport  Weekly  Democrat, 
Saturday,  September  12,  1857;  copied  from  the  Evans- 
ville  Journal  of  September  8,  1857.) 


JUDGE   JAMES   LOCKHART  49 

Rockport  Democrat's  tribute: 

In  the  Rockport  Democrat,  of  August  22,  1857,  the  fol- 
lowing appears : 

"Hon.  James  Lockhart.  We  are  pained  to  learn,  from  private 
dispatches  from  Evansville,  that  the  Hon.  James  Lockhart,  M.  C. 
elect  from  this  district  is  rapidly  sinking  under  that  fell  destroyer 
of  the  human  race,  consumption,  and  that  in  all  probability  he  will 
be  unable  to  take  his  seat  in  the  next  congress.  Every  Democrat 
in  southern  Indiana  will  very  seriously  regret  this,  as  the  im- 
portance of  the  question  just  now  agitating  the  country  demands 
the  counsels  and  firm  support  of  just  such  reliable  men  as  the  Hon. 
James  Lockhart.  This  district  especially  will  feel  the  loss  of  the 
ripe  experience  and  unwearied  devotions  to  her  interests  of  the 
honorable  member  elect.  We  still  indulge  the  hope  that  he  may 
recover  his  health,  and  be  permitted  to  take  his  proper  position  in 
the  thirty-sixth  congress." 

After  Judge  Lockhart's  death  this  tribute  appeared : 

"We  learn  with  regret  that  the  Hon.  James  Lockhart  is  dead. 
He  died  Monday  morning  at  his  residence  in  Evansville.  He  had 
been  ill  for  a  long  time,  and  his  death,  from  the  nature  of  the  dis- 
ease was  anticipated.  The  judge  had  many  warm  and  devoted 
friends  throughout  the  first  congressional  district,  who  will  really 
and  sincerely  regret  his  departure  hence.  On  the  other  hand,  he 
had  many  bitter  political  enemies,  who  will  doubtless  rejoice  at 
his  demise.  The  judge  was  a  terror  to  the  opponents  of  Democracy. 
His  principles  and  his  party  received  the  constant  support  of  his 
warm  and  generous  heart,  and  his  death  will  leave  a  vacancy  in 
the  ranks  of  the  Democratic  party  that  will  be  hard  to  fill." 

(The  Rockport  Democrat,  September  12,  1857.) 


50  JUDGE  JAMES  LOCKHART 

EXHIBIT  "E" 

CONGRESSIONAL  SKETCH  OF  JUDGE  JAMES 
LOCKHART 

"James  Lockhart,  a  representative  from  Indiana;  born  in 
Auburn,  New  York,  February  13,  1806 ;  moved  to  Indiana  in  1832 ; 
studied  law,  was  admitted  to  the  bar  and  commenced  practice  in 
Evansville,  Indiana,  in  1834;  prosecuting  attorney  of  Vanderburgh 
county,  1841-1842;  judge  of  the  fourth  judicial  district,  1845-1851; 
delegate  in  the  state  constitutional  convention  of  1850;  elected  as  a 
Democrat  to  the  thirty-second  congress  (March  4,  1851-March  3, 
1853) ;  re-elected  to  the  thirty-fifth  congress,  but  died  before  the 
assembling  of  the  congress,  in  Evansville,  Indiana,  September  7, 
1857." 

(Congressional  Directory,  Senate  Documents,  Volume 
LVI,  page  814.) 

Mrs.  Agnes  Lockhart  Twineham  of  Princeton,  who  was 
a  niece  of  Judge  James  Lockhart,  kindly  furnished  the 
following  clippings  from  the  newspapers  of  the  period 
indicated : 

EXHIBIT  "F" 

The  following  is  taken  from  the  Evansville  Daily  En- 
quirer: 

"At  a  meeting  of  the  members  of  the  bar  of  Vanderburgh 
County,  in  the  court  room,  September  8,  1857,  during  the  session 
of  the  court  of  Common  Pleas,  to  show  respect  to  the  memory  of 
the  Hon.  James  Lockhart,  deceased;  James  G.  Jones,  Esq.,  was 
called  to  the  chair,  and  Edmund  B.  Seymour,  Esq.,  was  appointed 
secretary. 

"On  motion,  a  committee  consisting  of  Conrad  Baker,  Asa 
Iglehart  and  Charles  Denby,  Esqs.,  was  appointed  to  draft  suitable 
resolutions.  The  committee  presented  the  following,  which  were 
unanimously  adopted: 


JUDGE   JAMES   LOCKHART  51 

"Resolved,  That  we  lament  with  deep  regret  the  death  of  Hon. 
James  Lockhart,  late  a  member  of  this  bar,  and  that  we  sympathise 
with  his  bereaved  family  in  their  affliction. 

"Resolved,  That  having  known  the  deceased  by  an  intimate 
professional  and  social  intercourse  for  many  years,  we  render  will- 
ing testimony  to  his  purity  and  ability  as  a  judge;  to  his  high  at- 
tainments as  a  practitioner  of  the  law,  and  to  his  work  as  a  man. 

"Resolved,  That  as  a  mark  of  respect  to  the  memory  of  the 
deceased,  this  court  be  requested  to  adjourn  until  tomorrow  morning 
at  nine  o'clock;  the  members  of  the  bar  and  the  officers  of  the  court 
attend  the  funeral  in  a  body,  and  that  we  wear  crape  on  the  left 
arm  for  thirty  days. 

"Resolved,  That  these  resolutions  be  spread  on  the  records  of 
this  court,  and  that  they  be  published  in  the  newspapers  of  this 
city,  and  that  the  newspapers  of  this  judicial  circuit  be  requested 
to  copy  the  same,  and  that  a  copy  of  proceedings  of  this  meeting 
be  handed  to  the  widow  of  the  deceased  by  the  chairman. 

J  AS.  G.  JONES,  Chairman. 
EDMUND  B.  SEYMOUR,  Secretary." 

EXHIBIT  "G" 

The  following  legal  notice  appeared  in  an  Evansville 
paper,  October  8,  1857,  for  three  weeks : 


ADMINISTRATRIX'S 

NOTICE 

Notice  is  hereby  given  that  the  undersigned 
has  been  appointed  administratrix,  with  the  will 
annexed  of  the  estate  of  James  Lockhart,  late  of 
Vanderburgh   County,   deceased.     Said   estate   is 
supposed  to  be  solvent. 

SARAH  C. 

LOCKHART, 

Administratrix  with  the  will  annexed. 

(October  8— 3w) 

52  JUDGE   JAMES   LOCKHART 

EXHIBIT  "H" 

In  the  Evansville  Daily  Enquirer  (John  B.  Hall,  edi- 
tor) ,  of  Tuesday,  September  8,  1857,  appears  the  follow- 
ing OBITUARY : 

"HON.  JAMES  LOCKHART 

"When  a  public  man  passes  away  from  among  scenes  with 
which  he  has  long  been  identified,  and  persons  with  whom  he  has 
long  been  connected,  it  is  meet  that  a  tribute  should  be  rendered 
to  his  memory.  When  all  that  is  mortal  of  him  is  consigned  to  its 
elemental  dust,  all  feelings  except  those  of  regret  and  kind  re- 
membrance take  their  flight.  The  loss  of  a  patriot  and  statesman 
is  not  confined  to  the  narrow  limits  of  his  own  immediate  neigh- 
borhood, but  in  its  far  reaching  ramifications  is  a  public  calamity. 
And  now  when  our  beloved  country  is  just  feeling  the  lull  suc- 
ceeding a  great  political  crisis  it  is  more  than  ever  to  be  regretted 
when  true  and  brave  hearts  fall  from  their  posts  in  the  ship  of 
state,  when  it  is  so  necessary  that  by  their  wise  and  prudent  coun- 
sels the  waves  of  the  political  ocean  may  be  softened  from  what 
may  be  only  a  rigidly  deceitful  calm  to  an  abiding  stillness. 

"James  Lockhart  is  dead;  and  while  we  sincerely  lament  his 
loss  as  a  tried  personal  friend,  we  cannot  banish  from  our  mind 
the  great  grief,  that  one  of  the  noblest  and  most  unflinching  of  the 
champions  of  democracy  has  left  his  post  of  command.  Judge  Lock- 
hart  was  born  on  the  thirteenth  day  of  February,  1806,  in  the 
village  of  Auburn,  Cayuga  County,  New  York.  In  the  fall  of  the 
year  1832  he  removed  to  Evansville,  where  he  has  ever  since  con- 
tinued to  reside.  In  1833  he  commenced  the  study  of  the  law  and 
was  admitted  to  practice  in  1834  and  cast  his  lot  here  and  has 
ever  since  continued,  by  his  counsels  and  exertions,  to  contribute 
to  our  present  state  of  municipal  prosperity.  We  have  often  heard 
him  tell  of  the  paucity  of  democrats  on  his  first  arrival  here.  But 
by  his  earnest  and  unremitted  zeal  and  activity  in  the  cause  he 
has  had  the  satisfaction  of  seeing  the  party  of  his  faith  going  on 
from  small  to  great,  and  spreading  its  branches  from  those,  weak 
as  the  shoot  from  a  mustard  seed,  until  it  has  became  the  great 
tree  in  which  the  weary  winged  wanderer  of  political  prejudice 
and  monarchial  oppression  may  be  at  rest. 


JUDGE   JAMES   LOCKHART  53 

"In  the  year  1841  Judge  Lockhart  was  elected  by  the  legis- 
lature of  Indiana,  prosecuting  attorney  for  the  fourth  judicial  cir- 
cuit for  the  term  of  two  years.  Discharging  the  duties  of  his 
office  with  ability  and  faithfulness,  he  was  again  elected  by  the 
same  body  to  the  same  office  in  the  year  1843.  During  his  travels 
through  the  district  in  his  official  capacity,  he  embraced  every 
opportunity  to  disseminate  the  great  principles  of  his  political 
faith,  and  had  the  satisfaction  of  beholding  and  reaping  the  fruits 
of  his  exertions.  On  the  fourth  day  of  December  he  was  elected 
by  the  General  Assembly  of  this  state  to  the  office  of  judge  for 
the  judicial  circuit  in  which  he  had  so  ably  filled  the  prosecuting 
attorneyship.  Receiving  his  commission  from  Governor  James 
Whitcomb  on  the  twenty-first  January,  1846,  he  continued  in  the 
discharge  of  the  duties  of  his  office  until  the  twenty-first  day  of 
September,  1851,  when  the  resignation  of  judgeship  tendered  by 
him  was  accepted. 

"In  the  fall  of  1850  he  was  elected  a  member  of  the  constitu- 
tional convention  of  this  state,  and  was  active  in  his  exertions 
to  improve  the  charter  of  our  state  liberties. 

"The  democracy  of  the  first  congressional  district,  when  in  the 
fall  of  the  year  1850  they  wished  to  elect  a  candidate  to  repre- 
sent them  in  the  halls  of  our  national  congress,  chose  Judge  Lock- 
hart  as  their  standard  bearer.  He  was  triumphantly  returned, 
and  took  his  seat,  which  he  filled  with  distinguished  ability.  After 
the  expiration  of  his  congressional  term  he  resumed  the  practice 
of  his  profession,  and  in  1853,  was  appointed  by  President  Pierce, 
as  superintendent  of  the  construction  of  the  Marine  Hospital  in 
this  city.  When  the  know-nothing  party  first  sprung  up,  Judge 
Lockhart  was  among  the  first  to  oppose  and  combat  its  pernicious 
principles.  He  took  every  opportunity  to  denounce  the  members 
of  the  secret  organization  and  their  aims,  as  opposed  to  the  con- 
stitution of  the  United  States  and  contrary  to  the  spirit  of  our 
political  institutions.  The  wrath  of  the  members  of  the  order  was 
leveled  at  his  head;  threats  were  made  against  him;  personal 
friendships  were  alienated;  his  professional  practice  was  injured, 
but  conscious  of  the  rectitude  of  his  purpose  and  firm  in  his 
patriotism,  he  never  turned  back  or  wavered  in  his  hostility.  In 
public  discussion  and  private  conversation  he  was  the  same  devoted 

5—80673 


54  JUDGE   JAMES  LOCKHART 

opponent  of  the  attempts  of  the  know-nothing  party  to  subvert  the 
great  charter  of  our  liberties. 

"During  the  most  fearful  political  contest  which  ever  racked 
our  republic,  Judge  Lockhart  was  again  chosen  as  the  congressional 
standard  bearer  of  the  democracy  of  the  first  congressional  dis- 
trict. Entering  into  the  canvass  with  vigor  and  alacrity,  not- 
withstanding his  failing  health,  he  carried  terror  into  the  ranks 
of  the  opposition  by  his  trenchant  arguments,  and  enjoyed  the 
satisfaction  of  being  returned  to  congress  by  nearly  five  thousand 
majority  over  his  black  republican  competitor,  Veatch.  The  efforts 
he  necessarily  made  and  the  fatigue  he  was  compelled  to  undergo 
during  his  canvass,  completely  destroyed  his  impaired  strength, 
and  as  one  with  his  mission  complete,  as  far  as  human  strength 
could  make  it,  he  has  gone  to  his  final  rest.  The  destroying  angel 
had  no  terrors  for  him.  Calmly  and  peacefully  he  passed  away. 
With  his  mind  strong  and  unimpaired  until  the  last,  he  gave  direc- 
tions concerning  his  affairs  and  spoke  words  of  peace  to  those 
surrounding  his  bedside.  Well  might  he  have  exclaimed  'Non 
omnis  moriar',  for  a  great  part  of  him  will  still  live  in  his  deeds, 
and  in  the  hearts  of  the  democracy.  Even  those  who  differed  with 
him  in  political  sentiments,  will  mourn  his  loss  as  a  citizen  or  a 
personal  friend,  while  we  of  the  democratic  party  must  mourn  him 
as  a  champion  not  easily  replaced." 


EXHIBIT  "I" 

The  following  beautiful  TRIBUTE  to  the  memory  of 
Judge  Lockhart  appeared  in  an  Evansville  paper  at  the 
time  of  his  death.  It  is  written  in  the  full  flower  of  the 
language  of  his  day  and  generation.  It  is  well  worth  a 
careful  perusal : 

"CONGRESS  AND  LOCKHART 

The  Congress  of  the  American  nation  convenes  two  weeks  from 
to-morrow.  The  great  men  of  the  Union  shall  then  meet  in  the 
exercise  of  the  highest  functions  of  a  free  people.  Washington  City 
shall  then  again  be  the  center  of  attraction — the  throbbing,  pulsat- 


JUDGE   JAMES   LOCKHART  55 

ing  heart  of  this  ocean-bound  Union — and  the  agitated  and  uncer- 
tain star  of  hope  to  the  wishful  and  the  oppressed  of  many  a  clime. 
Common  citizens,  talented  gentlemen,  distinguished  orators,  tried 
patriots  and  approved  statesmen  shall  go  up  from  every  territory 
and  from  every  Congressional  district  of  every  sovereign  state. 
Elements  of  discord,  demagoguery  and  prescription  may  be  there 
also.  Washington,  however,  completely  aroused  from  her  slumber 
of  the  last  preceding  fall  and  summer  shall  be  herself  again — all 
politics,  all  fashion,  all  life,  all  bustle — and  overwhelmingly,  full. 
And  as  attraction  deepens,  the  arrival  of  every  train  of  cars  shall 
continue  to  make  accessions,  and  additional  accessions,  to  the  wit 
and  wisdom,  tact  and  talent,  wealth  and  beauty,  and  intelligence 
and  patriotism,  that  had  already  assembled  from  every  nook  and 
corner  of  the  land.  But,  amid  all  this  life-stirring  scene,  and 
among  this  mighty  Congress  of  great  men,  if  you  pause  to  look  for 
or  search  out  one  familiar  face — one  that  has  been  at  home  there, 
a  peer  among  the  greatest  in  times  gone  by;  a  statesman  that 
the  people  of  Indiana  set  store  to,  as  one  of  her  most  favorite  and 
reliable  sons;  and  who  was  commissioned  in  1856  by  the  democracy 
of  her  banner  district  to  a  seat  in  this  same  Congress,  you  will 
pause — look,  search,  in  vain.  James  Lockhart  is  no  more.  Though 
called  and  commissioned  to  serve  the  nation  for  years  to  come,  he 
harkened  first  to  another  and  higher  call.  That  he  has  gone  out 
from  among  us,  is  OUR  loss  not  HIS. 

"  'His  soul,  enlarged  from  its  vile  bonds,  has  gone 
To  that  refulgent  world  where  it  shall  swim 
In  liquid  light,  and  float  on  seas  of  bliss!' 

"Let  us  offer  a  tribute  to  his  memory:  As  a  citizen,  he  has 
long  been  identified  with  the  interests  of  Evansville,  its  prosperity 
and  growth.  As  a  friend  he  was  warm  and  generous.  In  the 
hearts  of  all  who  knew  him  in  friendship — socially  and  politically — 
his  name  is  embalmed  forever.  The  hallowed  associations  of  that 
name  shall  grow  greener,  fresher  and  dearer,  while  one  of  us 
is  left  remaining  on  earth  to  deplore  his  absence. 

"  'Lofty  and  sour  to  those  that  loved  him  not, 
But  to  those  that  sought  him,  sweet  as  summer/ 


56  JUDGE   JAMES  LOCKHART 

"In  the  political  arena  the  name  of  Lockhart  alone  was  a 
tower  of  strength  to  his  friends  and  a  terror  to  his  enemies. 
Every  pulsation  of  his  heart  was  democratic.  Bold  and  un- 
swerving fidelity  marked  his  whole  course  of  life — and  his  un- 
deviating  attachment  to  friends  and  to  principles,  his  indomitable 
energy  in  defending  them,  his  stern  patriotism,  his  high  attain- 
ments, and  the  great  amount  of  effective  labor  which  he  con- 
tributed to  the  cause  of  democracy  and  the  best  interests  of  our 
common  country — all,  pre-eminently  marked  him  out  as  the  cham- 
pion of  his  party.  It  may  be  truly  said  that  Judge  Lockhart,  at 
the  continual  sacrifice  of  his  time  and  money,  did,  with  his  own 
hands— with  his  life-blood,  and  the  best  energies  of  a  highly  gifted 
and  devoted  patriot — lay  deep  and  broad  the  foundations,  and 
stone  by  stone  did  he  rear  the  proud  superstructure  and  crowning 
embattlements  of  Indiana  democracy,  that  have  so  successfully 
and  gloriously  withstood  the  fiery,  and  frenzied,  and  midnight  as- 
saults of  whiggery,  know-nothingism  and  all  other  isms  of  the  day. 
The  First  Congressional  district  is  the  citadel  of  democracy  that 
gave  the  State  to  Willard,  Buchanan  and  the  constitution;  and 
while  the  memory  of  James  Lockhart  lives  this  democratic  Gibral- 
tar shall  remain  impregnable  forever.  Then,  in  justice  to  him,  to 
ourselves  and  to  posterity,  let  us  inscribe  that  name  in  imperish- 
able characters  high  upon  the  outer  walls,  and  upon  the  standard 
of  victory. 

"So  identified  and  interwoven  is  the  name  of  Lockhart  with 
the  democracy  of  Southwestern  Indiana  that  we  can  scarcely 
bring  ourself  to  believe  that  he  is  not  now  on  duty  in  the  front 
ranks  of  the  party,  dealing  giant  blows  and  beating  back,  as  usual, 
the  enemies  of  our  country — we  cannot,  cannot  realize,  scarcely, 
that  our  chieftain  has  fallen!  His  bright  history,  his  shining  deeds 
are  before  us.  Blunt,  open  and  truthful— his  undying  fidelity  to 
friends  and  country,  his  unconquerable,  generous,  and  far-seeing 
ambition  looms  up  higher  and  higher.  We  have  said,  however, 
that  he  is  no  more  on  earth.  On  the  7th  of  September  last  he 
appeared  to  have  departed  this  life  without  a  struggle. 

*'  'Like  a  shadow  thrown  softly  and  sweetly  from 
A  passing  cloud, 
Death  fell  upon  him.' 


JUDGE   JAMES   LOCKHART  57 

"Judge  Lockhart  was  born  in  Auburn,  New  York,  February 
13,  1806.  He  removed  to  Evansville  and  commenced  the  study  of 
law,  the  practice  of  which  he  began  in  1835.  He  filled  with  honor 
to  himself  and  constituency,  many  important  offices.  Among  many 
others  that  of  Congressman;  and  in  1856  was  again,  after  a 
hotly-contested  canvass,  returned  to  Congress  by  a  majority  of 
5,000  votes. 

"In  his  decease  the  democracy  of  Indiana  is  bereaved  of  an 
able  champion,  Evansville  of  an  enterprising  and  energetic  citizen, 
the  bar  an  accomplished  member,  and  the  domestic  hearth  an  in- 
valuable companion. 

"  'We  followed  him  when  living; 
We  honor  him  when  dead.'  " 


EXHIBIT  "J" 

(From  the  Evansville  Daily  Enquirer  of  January  3,  1858.) 

In  the  House  of  Representatives,  at  Washington,  on 
December  23,  1857,  Judge  Niblack,  of  Vincennes,  took  the 
floor  and  said: 

"Mr.  Speaker,  I  rise  for  the  purpose  of  making  an  announce- 
ment similar  to  the  one  you  have  just  heard— to  announce  the 
death  of  the  Hon.  James  Lockhart,  also  a  member  elect  to  the 
present  Congress  from  the  State  of  Indiana.  He  died  at  his  resi- 
dence in  the  city  of  Evansville,  in  that  State,  on  the  7th  day  of 
September  last,  after  a  severe  and  protracted  illness. 

"It  will  thus  be  seen  that  the  hand  of  affliction  has  fallen  heav- 
ily upon  Indiana;  that  of  the  eleven  members  elected  to  the  present 
Congress  from  that  State,  in  October,  1856,  two  have  already  gone 
to  the  tomb. 

"Judge  Lockhart  was  born  at  the  village  of  Auburn,  in  the 
State  of  New  York,  on  the  13th  day  of  February,  1806.  In  the 
fall  of  1832  he  emigrated  to  the  State  of  Indiana,  and  located  in 
the  then  village,  but  now  city,  of  Evansville,  in  which  he  continued 
to  reside  until  the  time  of  his  death.  Not  long  after  his  location 
in  Indiana,  he  commenced  the  practice  of  the  law  as  a  profession. 


58  JUDGE   JAMES  LOCKHART 

in  which  he  continued,  except  at  brief  intervals,  up  to  the  time  of 
his  death. 

"In  the  winter  of  1841-42  he  was  elected  by  the  Legislature 
of  this  State  prosecuting  attorney  of  his  Judicial  circuit.  Two 
years  afterwards  he  was  re-elected  for  another  term.  In  the  win- 
ter of  1845-46,  after  the  close  of  his  second  term  as  prosecuting 
attorney,  he  was  elected  presiding  judge  of  the  same  judicial  cir- 
cuit. In  the  summer  of  1850,  while  still  in  commission  as  judge 
of  his  circuit,  he  was  elected  a  member  of  the  Constitutional  Con- 
vention, which  assembled  in  that  year  to  revise  and  amend  the 
constitution  of  his  State.  Of  that  talented  and  influential  body  of 
men  he  was  one  of  the  most  active  and  efficient  members. 

"In  August,  1851,  he  was  elected  a  member  of  the  Thirty- 
Second  Congress,  and  in  the  month  following  he  resigned  the 
office  of  circuit  judge  to  enable  him  to  take  his  seat  in  that  body. 
He  served  as  a  member  of  that  Congress  for  the  full  term.  In  the 
spring  of  1853,  after  the  expiration  of  that  Congress,  he  resumed 
the  practice  of  his  profession. 

"In  the  fall  of  1856,  after  one  of  the  bitterest  contests  ever 
known  within  our  State,  he  was  elected  a  member  of  the  present 
Congress  by  a  largely  increased  and  overwhelmingly  majority. 

"At  the  time  of  his  last  election  he  was  in  feeble  and  failing 
health.  It  was  obvious  that,  without  a  speedy  restoration,  his 
span  of  life  was  short.  Notwithstanding  the  feeble  condition  of 
his  health,  he  continued  in  the  active  discharge  of  the  duties  of 
his  profession,  and  of  those  public  duties  which  his  position  de- 
volved upon  him,  until  utter  prostration  bid  him  cease.  Never 
was  that  iron  will  and  indomitable  energy,  which  so  much  dis- 
tinguished him  through  life,  so  clearly  manifest  as  during  the  last 
trying  months  of  the  most  distressing  illness.  He  died  as  the 
strong  man  dieth;  he  literally  fell  with  the  harness  upon  him.  In 
matters  political,  Judge  Lockhart  was  devotedly  attached  to  the 
organization  and  the  creed  of  the  party  with  which  he  affiliated. 
As  a  political  leader,  he  was  bold  and  indefatigable.  During  the 
last  fifteen  years  of  his  life,  I  enjoyed  much  of  his  personal 
friendship  and  confidence.  But  few  persons,  outside  of  his  imme- 
diate family  friends,  knew  him  more  intimately  than  I  have  known 
him.  Having  been  elected  to  fill  the  place  made  vacant  by  his  death, 
and  occupying  his  seat  in  this  House  to-day,  it  affords  me  pleas- 


JUDGE  JAMES   LOCKHART 


59 


ure  to  bear  willing  testimony  to  his  energy,  ability,  and  integrity 
as  a  public  officer,  and  to  the  fidelity  with  which  he  discharged 
the  many  important  trusts  confided  to  him  as  a  public  man. 

"Here,  as  in  the  ranks  of  the  army,  when  one  falls  another 
takes  his  place,  and  everything  moves  on  as  before;  but  not  so  in 
the  private  relations  of  life.  When  a  near  and  tried  friend  is 
stricken  down,  there  is  no  one  to  take  his  place.  When  the  pro- 
tecting arm  of  a  husband  is  withered  into  dust,  there  is  no  ade- 
quate earthly  consolation. 

"I  submit  the  following  resolutions  for  adoption: 

"Resolved,  That  the  members  of  this  House  have  heard  with 
deep  regret  the  announcement  of  the  death  of  the  Hon.  James 
Lockhart,  a  member  elect  from  the  First  Congressional  District  of 
the  State  of  Indiana. 

"Resolved,  That  in  token  of  respect  for  the  memory  of  the 
deceased,  the  members  and  officers  of  this  House  will  wear  the 
usual  badge  of  mourning  for  thirty  days. 

"Resolved,  That  the  Clerk  of  this  House  forward  a  copy  of 
these  resolutions  to  the  widow  of  the  deceased." 

Mr.  Davis,  of  Indiana,  then  made  the  following  re- 
marks : 

"Mr.  Speaker,  I  rise  to  second  the  resolutions  just  offered  by 
my  colleague  (Mr.  Niblack)  I  do  not  propose  on  this  occasion  to 
pronounce  a  lengthened  eulogy  on  the  life,  character,  and  public 
services  of  the  deceased.  Were  I  disposed  to  do  so,  I  would  fail, 
I  am  sure,  to  improve  on  what  has  already  been  so  well  and  so 
impressively  said  by  my  colleague;  but  being  the  only  member  of 
this  House  from  the  State  which  I  have  the  honor,  in  part,  to 
represent,  who  served  with  the  deceased  during  the  Thirty-third 
Congress,  I  cannot  find  it  in  my  heart  to  remain  silent,  or  to 
refuse,  on  this  solemn  occasion,  to  give  utterance  of  a  few  words 
of  sincere  respect  for  the  memory  of  the  deceased  and  of  con- 
dolence with  his  sorrow-stricken  family  in  their  bereavement. 

"That  I  have  known  Judge  Lockhart  long  and  intimately, 
will  remain  among  my  most  cherished  remembrances.  I  knew 
him  in  the  walks  of  private  life  and  in  the  social  circle,  where  he 
was  respected  by  all  who  had  the  pleasure  of  his  society.    I  knew 


60  JUDGE   JAMES  LOCKHART 

him  as  the  efficient  prosecuting  attorney  of  his  judicial  circuit. 
I  knew  him  as  the  able,  upright,  and  impartial  judge.  I  knew 
him  as  the  representative  of  the  people  of  the  First  Congressional 
district  of  his  adopted  State,  on  the  floor  of  this  House;  in  all  of 
which  positions  he  discharged  his  duties  with  ability  and  fidelity; 
with  entire  satisfaction  to  his  constituents  and  to  the  country. 

"Judge  Lockhart,  though  naturally  retiring  and  unobtrusive, 
was  no  ordinary  man.  He  was  a  sound  jurist  and  a  sagacious 
politician,  possessing  a  clear,  logical,  and  discriminating  mind. 
He  was  kind  and  benevolent  to  a  fault;  ardent  in  his  friendship; 
firm  and  decided  in  his  opinions,  yet  charitable  towards  those  with 
whom  he  differed.  Although  always  a  firm  and  decided  democrat, 
often  participating  in  the  exciting  and  angry  political  contests 
through  which  the  country  has  been  passing  for  the  last  twenty 
years,  his  high  bearing  and  manly  deportment  gained,  as  their 
meed,  the  applause  and  admiration  of  his  political  adversaries. 

"I  saw  Judge  Lockhart  in  this  city  in  March  last,  which  was 
the  last  occasion  of  our  meeting.  The  disease  which  finally  proved 
fatal,  was  then  progressing,  and  rapidly  approaching  the  citadel 
of  life.  His  physical  powers  were  fast  declining;  but  though 
feeble,  his  spirit  was  buoyant  with  the  hope  that  he  would  ulti- 
mately recover.  He  spoke  feelingly  of  our  long  acquaintance  and 
former  service  here  together,  of  many  pleasant  anticipations  for 
our  mutual  interest  during  the  approaching  session;  but,  alas! 
these  fond  hopes  have  been  blighted,  and  he  is  gone  from  among 
us  forever. 

"Mr.  Speaker,  why  should  I  say  more?  Judge  Lockhart  is 
dead!  How  fresh  in  my  remembrance  is  the  occasion  of  the  sad 
announcement!  What  a  thrill  of  sorrow  it  brought  with  it,  as  it 
first  fell  upon  my  ear!  How  the  memories  of  the  past  clustered 
thick  and  fast  around  me,  and  how  instinctively,  how  deeply  my 
mind  yielded  to  the  impress  of  the  truth  of  the  uncertainty  of 
human  life,  and  the  utter  futility  of  human  fame  and  ambition! 
Sir,  before  we  shall  have  discharged  our  duties,  and  finished  our 
labors  here,  the  shaft  of  death  may  make  vacant  the  chairs  which 
you  and  I  occupy,  and  the  ever-startling  announcement  again  be 
flashed  on  the  wings  of  lightning  to  the  remotest  portions  of  the 
republic.  I  say,  such,  sir,  may  be  among  the  inscrutable  decrees 
of  Providence;  then,  we  should  let  this  sad  announcement  of  to-day 


JUDGE   JAMES  LOCKHART  61 

affect  our  inner  hearts,  and  admonish  us  that  the  inexorable  hour 
awaits  us  all.  Let  it  impress  upon  us  all  the  necessity  for  the 
exercise  of  a  spirit  of  kindness  and  forbearance  for  and  toward 
each  other,  and  let  it  soften  the  asperities  which  too  often  appear 
in  our  unguarded  moments  in  the  heat  and  excitement  of  debate. 
"In  conclusion,  sir,  from  a  sincere  heart  I  invoke  the  blessings 
of  Heaven  upon  the  bereaved  widow,  and  pray  that  the  wind  may 
be  tempered  to  the  shorn  lamb.    The  resolutions  were  adopted." 

EXHIBIT  "K" 

In  the  Evansville  Journal  and  General  Advertiser  pub- 
lished at  Evansville,  Indiana,  No.  37,  Vol.  1,  under  date 
of  July  16,  1835,  appears  the  following: 

"ORATION, 

Delivered  on  the  4th  of  July,  1835,  by  James  Lockhart,  Esq.    Pub- 
lished at  the  request  of  the  Committee  of  Arrangements. 
Friends  and  Fellow  Citizens: 

Of  the  task  which  the  kind,  but  inconsiderate  partiality, 
your  committee  of  arrangement  has  imposed  upon  me,  I  feel  most 
sensibly  the  difficulty  and  importance.  Had  it  developed  upon  an 
individual  more  competent  to  throw  around  it  the  lustre  of  dis- 
tinguished ability  the  object  of  the  appointment  would  have  been 
more  effectually  promoted.  To  the  flattering  compliment  conferred 
upon  me,  I  have  no  higher  claim  than  a  warm  and  fervid  devotion 
to  the  institutions  of  our  beloved  country. 

Though  I  wish  not  to  affect  an  ostentatious  humility,  nor 
assume  a  feeling  of  indifference  with  regard  to  a  distinction  of 
which  I  have  just  cause  to  be  proud,  yet  I  cannot  forget  that  for 
near  sixty  years,  I  have  been  preceded  in  the  office  I  am  now  to 
fill,  in  almost  every  city,  town,  and  village  in  the  Union,  by  men, 
with  whose  names  it  is  not  barren  encomium  to  associate  the  com- 
bined attractions  of  brilliant  attainments  and  distinguished  lit- 
erary reputation. 

While  the  recollection  of  this  circumstance  awakens  in  my 
mind  a  deep  sense  of  my  own  inferiority,  it  greatly  increases  the 
disadvantages  under  which  I  labor.     It  cannot  be  expected  that 


62  JUDGE   JAMES  LOCKHART 

anything  now  can  be  said  on  a  subject,  upon  which  so  much  has 
been  written.  I  am  also  fully  satisfied  that  there  are  but  few,  at 
this  day,  who  have  claims  to  originality  in  preparing  Fourth  of 
July  orations.  But  I  will  not  permit  the  recollection  of  those  facts 
to  depress  or  embarrass  my  efforts. 

We  have  met  to  commemorate  one  of  the  most  important  events 
recorded  on  the  pages  of  history.  Although  ancient  history  teems 
with  those  spirit  stirring  events,  around  which  the  imagination 
clings  with  unabated  enthusiasms,  and  from  which  the  mind 
draws  the  noblest  lessons  of  political  and  moral  virtue,  and  the 
most  stimulating  incentives  to  patriotism— although  our  minds 
dwell  upon  those  kindling  narratives  that  record  the  deeds  of 
the  heroes  of  olden  time,  by  whom  the  oppressor  was  struck  down, 
and  the  standard  of  a  nation's  liberty  planted  upon  the  blighted 
soil  of  despotism— although  we  linger  with  fond  delight  on  those 
inspiring  pictures  of  the  historian's  vivid  pencil,  in  which  we  be- 
hold delineated  the  virtues  of  a  Scipio,  the  unyielding  patriotism 
of  a  Brutus,  the  stern  justice  of  an  Aristides,  and  the  seductive 
accomplishments  of  a  Pericles— although  our  imagination  wings  its 
flight  to  those  consecrated  spots  where  the  ancients  fought  their 
battles  and  won  their  independence,  where  the  patriot's  blood  was 
poured  out  as  a  willing  offering  to  purchase  the  freedom  of  his 
country,  yet,  while  with  palpitating  heart  and  excited  feelings, 
we  trace  on  the  map  the  pass  of  Thermopylae  and  the  plains 
of  Marathon,  we  are  ready  to  erclaim  in  the  burning  words  of 
Byron : 

'Where  e'er  we  tread  'tis  haunted  holy  ground! 

No  earth  of  thine  is  lost  in  vulgar  mould! 

But  one  vast  realm  of  wonder  spreads  around, 

And  all  the  muses'  tales  seem  truly  told, 

Till  the  sense  aches  with  gazing  to  behold 

The  scenes  our  earliest  dreams  have  dwelt  upon.' 

Yet  all  of  these  dwindle  in  nought  when  compared  with  that  chain 
of  glorious  events  by  which  our  liberties  were  torn  from  a  tyrant's 
grasp,  and  our  unrivalled  constitution  firmly  established.  It  ap- 
pears as  if  it  was  reserved  for  the  American  colonies  to  fill  the 
splendid  galaxy.  It  appears  as  if  Deity  himself  had  predestined 
that  America  should  become  a  land  of  freedom,  an  asylum  for 


JUDGE   JAMES   LOCKHART  63 

the  oppressed;  and  that  his  omnipotent  arm  had  directed  our 
puritanical  fathers  to  seek  quiet  and  repose  on  the  confines  of  this 
mighty  continent,  that  they  might  cherish,  foster  and  protect  the 
most  generous  principles  of  liberty,  and  those  free  institutions, 
which  convert  general  maxims  into  practical  truths,  and  make  them 
a  part  of  the  daily  life  of  man.  The  first  settlers  of  Plymouth  left 
behind  them  those  restraints  which,  in  some  degree,  checks  the  free 
actions  of  Englishmen.  They  brought  with  them  the  jury  and  the 
right  of  representation;  but  left  behind  them  the  chains  which 
the  church  and  the  court  were  endeavoring  to  fasten  upon  their 
countrymen.  Feudal  services,  privileged  orders,  corporations  and 
guilds,  with  other  similar  burdens  upon  industry,  and  insults  upon 
honest  merit,  found  no  place  in  the  western  forest;  but  civilization, 
arts  and  letters,  without  the  corruption  and  gross  licentiousness 
which  characterized  the  reigns  of  James  I  and  Charles  II,  were 
brought  hither  in  the  train  of  liberty. 

Those  instinctive  lessons  of  liberty  and  republican  simplicity, 
which  animated  the  bosoms  of  the  Puritans  of  1620,  they  taught 
to  their  children,  and  to  their  children's  children,  from  one  genera- 
tion to  another,  until  their  rapid  strides  towards  glory  and  renown 
attracted  the  attention  of  continental  Europe,  as  well  as  of  Eng- 
land, who  fearing  that  her  colonies,  peopled  by  her  sons  and  daugh- 
ters, would  rise  the  arbiters  of  justice,  and  eclipse  her  in  her 
meridian  splendor,  and  become  the  pride  and  admiration  of  the 
world,  commenced  her  course  of  tyranny  and  oppression  by  enact- 
ing laws  the  most  burdensome  and  oppressive  for  the  government 
of  the  colonies,  and  quartering  large  bodies  of  mercenary  troops 
in  the  principal  towns,  with  a  view  of  enforcing  obedience  to  them. 
Bound  to  the  mother  country  by  all  the  ties  of  fraternal  feeling 
that  bind  a  child  to  its  parent,  the  colonists  implored  the  mother 
country  to  desist  from  its  course  of  cruelty  and  oppression;  but 
their  prayers  and  petitions,  and  entreaties  were  answered  only 
by  repeated  wrongs  and  injuries,  and  usurpations.  Reluctant  to 
war  and  with  their  native  country,  the  land  of  their  fathers,  the 
colonists  were  about  to  lay  down  in  passive  obedience  to  her  man- 
dates, relinquish  their  rights  and  submit  forever  to  the  imperial 
dictation  of  a  British  king. 

In  1765,  on  the  day  that  the  stamp  act  was  to  take  effect, 
public  notice  was  given  to  the  friends  of  liberty  in  Portsmouth, 


64  JUDGE   JAMES  LOCKHART 

New  Hampshire,  to  attend  her  funeral.  A  coffin  neatly  ornamented 
and  inscribed  with  the  word  'Liberty'  was  carried  to  the  grave. 
The  procession  moved  forward  from  the  State  House,  at  the  slow 
and  solemn  tap  of  the  drum,  minute  guns  were  fired,  the  church 
bells  tolled  the  funeral  knell,  until  the  coffin  arrived  at  the  place 
of  interment.  Then  an  eulogium  on  the  deceased  was  pronounced, 
which  was  scarcely  ended  before  the  coffin  was  taken  up  and  ex- 
amined, when  it  was  discovered  that  some  remains  of  life  were  left. 
The  inscription  was  immediately  altered  to  'Liberty  Revived.'  The 
bells  exchanged  their  melancholy  for  a  joyful  sound,  and  joy  and 
satisfaction  appeared  in  every  countenance.  Similar  manifesta- 
tions of  feeling  were  exhibited  in  Boston,  and  other  places,  which 
had  their  influence  in  bringing  about  a  repeal  of  the  act.  But 
its  repeal  was  no  recognition  of  the  right  of  the  colonies  to  resist, 
for  at  the  same  time  a  declaratory  act  was  passed,  asserting  the 
right  of  Parliament  to  bind  the  colonies  in  all  cases  whatsoever. 
Accordingly,  in  1767,  the  bill  passed  Parliament,  imposing  duties 
on  glass,  paper,  paints,  tea,  etc.,  which  gave  rise  to  combinations 
of  the  colonists  against  the  importation  of  any  of  those  articles. 
These  combinations  caused  a  repeal  of  the  act.  In  1770,  the  duty 
on  tea  being  alone  continued,  and  in  1773,  the  famous  bill  brought 
forward  and  carried  through  Parliament  by  the  British  Ministry, 
allowing  the  West  India  Company  a  drawback  on  all  teas  exported 
to  America,  was  passed  with  a  view  of  inducing  the  Americans  to 
submit  to  a  moderate  system  of  taxation.  In  consequence  of  the 
passage  of  this  act  large  shipments  were  made.  But  in  New  York 
and  Philadelphia  the  vessels  were  not  permitted  to  land  their 
cargoes.  In  Charleston  it  was  put  in  stores,  but  not  permitted  to 
be  offered  for  sale;  and  in  Boston,  where  the  British  authorities 
refused  to  allow  the  vessels  to  return  without  having  been  entered, 
the  tea  was  thrown  overboard.  This  act  of  violence  on  the  part 
of  the  citizens  of  Boston,  was  followed  by  the  celebrated  port 
bill,  interdicting  all  intercourse  with  the  town  of  Boston,  and  by 
a  bill  for  entirely  subverting  the  government  of  Massachusetts. 
In  this  crisis,  the  other  colonies  made  common  cause  with  Massa- 
chusetts, and  on  the  fifth  of  September,  1774,  a  general  congress 
met  at  Philadelphia,  which  declared  all  the  acts  of  the  British 
Parliament,  which  imposed  taxes  and  other  burdens  upon  the 
American  colonists,  violations  of  their  colonial  and  chartered  rights. 


JUDGE   JAMES   LOCKHART  65 

These  proceedings,  however,  of  the  American  congress,  had  no  in- 
fluence to  change  the  policy  of  the  British  government;  and  general 
preparations  were  made  in  the  colonies  for  resistance.  Gun  powder 
was  manufatcured,  war-like  stores  were  collected,  and  the  citizens 
began  to  arm  themselves,  and  make  preparations  for  war — 'War 
to  the  Knife'.  Their  motto  was  'Sink  or  Swim,  Live  or  Die, 
Survive  or  Perish  with  Our  Country,  is  Our  Fixed  Unalterable 
Determination.'  Massachusetts  was  declared  to  be  in  rebellion, 
and  new  restrictions  were  imposed  upon  the  trade  of  the  colonies. 

A  detachment  of  troops,  sent  from  Boston  to  seize  some 
provincial  stores  collected  at  Concord,  fired  upon  the  citizens  who 
assembled  to  oppose  them.  Actual  hostilities  were  then  and  there 
commenced.  The  battles  of  Lexington  and  Bunker  Hill,  the 
capture  of  several  posts,  and  unsuccessful  expedition  against 
Canada  and  the  appointment  of  a  Commander-in-chief  of  the 
American  army,  were  among  the  acts  that  preceded  the  Declaration 
of  Independence. 

That  memorable  day,  the  fourth  of  July,  1776,  can  never  be 
effaced  from  the  memory  of  a  true  American,  as  long  as  the  sun 
performs  his  diurnal  revolutions,  or  a  star  endures  in  the  firma- 
ment. They  will  ever  venerate  the  cause  for  which  a  Warren  and 
a  Montgomery  bled  and  died.  That  epoch  can  never  be  forgotten, 
when  an  Adams,  a  Henry,  a  Sherman,  a  Franklin  and  a  Jefferson, 
roused  their  countrymen  to  a  fearless  defense  of  their  privileges, 
and  protected  the  ark  of  their  liberties  in  the  hour  of  peril  and 
commotion.  'These  were  the  times,'  says  an  accomplished  states- 
man, 'when  the  Senate  run  with  eloquence,  proclaiming  the  wrongs, 
advocating  the  rights  and  demanding  the  redress  of  millions ;  when 
one  country  building  a  new  character  upon  the  genius  of  her  sons, 
not  raised  upon  the  spoils  of  a  sordid  commerce,  or  the  trophies 
of  a  distinctive  conquest,  rose  over  an. admiring  world,  the  arbiters 
of  justice,  the  emporium  of  humanity.'  Yes,  it  was  on  that  day, 
the  anniversary  of  which  we  are  now  commemorating,  that  the 
American  colonies  were  declared  free,  sovereign  and  independent 
states. 

Fifty-nine  years  ago  this  day  the  'North  American  Confederate 
Union'  took  her  seat  among  the  nations  of  the  earth,  and  pro- 
mulgated to  the  world  the  charter  of  her  rights,  which  is  replete 
with  doctrines  vital  to  the  liberties  of  mankind,  and  destined  to 


66  JUDGE   JAMES  LOCKHART 

stand  a  beacon  to  the  friends  of  liberty,  throughout  the  world, 
as  long  as  the  language  in  which  it  is  written  shall  be  remembered. 
It  would  be  an  unnecessary  task  for  me  to  detail  all  of  the  events 
that  transpired  during  a  period  of  eight  years  from  the  commence- 
ment of  the  war,  to  the  ratification  of  peace,  in  1783.  All  acknowl- 
edge the  justice  of  our  cause — all  acknowledge  the  bravery  of  our 
warriors  who  fought  and  bled  for  their  country's  liberty — all 
acknowledge  the  transcendent  virtues  of  their  Commander-in-chief 
George  Washington — all  read  with  breathless  anxiety  and  exulta- 
tion his  God-like  career.  His  memorials  are  beyond  the  reach  of 
fortune  and  of  time;  his  name  will  live  in  the  recollection  of  his 
countrymen,  until  this  mighty  country  shall  cease  to  exist,  whose 
liberties  his  unsullied  patriotism  nurtured  into  existence,  and  whose 
advancing  glory  is  the  most  elegant  epitaph  that  could  be  inscribed 
upon  his  tomb.  Whether  at  the  head  of  his  countrymen,  leading 
them  on  to  battle  and  to  victory,  or  in  the  councils  of  the  nation, 
aiding,  assisting  or  directing  the  machinery  of  government;  we  find 
him  equal  to  every  station  and  prepared  for  every  emergency. 

In  mourning  the  loss  of  our  heroes  and  statesmen,  our  minds 
involuntarily  run  back  to  review  the  career  of  those  great  men, 
who  are  now  gathered  home  to  their  fathers;  but  who  at  the  most 
spirit-stirring  period  of  our  country's  history  shed  a  blaze  of  glory 
around,  which  neither  time  nor  circumstances  can  eradicate. 
Their  bright  examples  will  stand  to  the  latest  time  a  monument 
of  exalted  worth.  The  last  of  that  band  of  statesmen  who  'pledged 
their  lives,  their  fortunes  and  their  sacred  honors,'  in  defense  of 
the  liberties  of  their  country,  has  been  summoned  to  the  regions 
of  bliss.  Yes,  the  dauntless  Carroll,  of  Carrollton,  the  last  sur- 
viving signer  of  the  Declaration  of  American  Independence  is  no 
more. 

The  last  surviving  Major  General  of  the  American  Revolu- 
tion, too,  has  gone  to  join  the  companions  of  his  youth.  Yes,  on 
the  last  anniversary  of  our  nation's  jubilee,  while  the  wide  mouthed 
cannon  was  announcing  the  approach  of  the  58th  anniversary  of 
American  Independence,  a  solemn  gloom  spread  over  our  village, 
which  pervaded  every  bosom.  The  herald  of  the  press  had  just 
announced  the  death  of  Gilbert  Motier  Lafayette,  the  companion 
of  Washington,  the  friend  of  liberty.     Although  a  Frenchman  by 


JUDGE   JAMES   LOCKHART  67 

birth,  we  claimed  him  as  an  American  citizen;  although  he  died  in 
France,  his  remains  are  buried  beneath  American  soil. 

In  this  brief  summary  it  would  be  an  unpardonable  omission 
were  I  not  to  mention  Poland;  the  land  of  Frederick  Kosciusko, 
the  last  Generalissimo  of  the  republic  of  Poland,  and  Joseph 
Pulaski,  who  endeavored  in  vain  to  restore  the  independence  of  his 
country,  both  of  whom  came  to  the  United  States  In  time  of  her 
greatest  need,  and'  proffered  their  services  in  defense  of  liberty, 
and  fought  and  bled  by  the  side  of  Washington.  Brave  and  gen- 
erous Poland,  may  you  yet  take  your  seat  among  the  republics  of 
modern  times,  may  the  illustrious  examples  of  your  sons  and  your 
daughters,  who  fought  on  the  walls  of  Warsaw,  inspire  you  with 
confidence,  and  nerve  your  arm  in  defense  of  that  liberty  for  which 
they  fought  and  bled  and  died.  Yes,  brave  and  noble  Poland, 
America  sympathizes  with  you  in  your  misfortunes,  and  while 
sceptred  monarchs  would  bind  you  down  with  chains  of  despotism, 
while  they  would  stigmatize  your  chivalrous  sons  and  daughters, 
as  traitors  and  rebels,  who  fought  and  bled  for  freedom,  their 
memory  will  live  green  in  the  mind  of  every  Pole.  Yes,  that 
chaplet  which  you  entwined  around  their  brows,  moistened  as  it 
is  by  the  tears  of  the  friends  of  liberty,  and  the  tears  of  a  grate- 
ful country  throughout  the  world,  will  re-animate  and  bloom  an 
evergreen  upon  their  graves.  But  let  us  turn  from  the  records  of 
the  past,  and  take  a  view  of  the  present  history  of  our  country. 

Fifty-nine  years  ago  this  day  the  American  people  through 
their  representatives  in  congress  assembled,  declared  that  man  was 
capable  of  self-government.  What  stronger  evidence  can  be  given 
of  the  correctness  of  that  declaration,  than  the  unparalleled  pros- 
perity of  the  American  republic.  At  peace  with  all  the  world, 
and  on  the  most  friendly  terms  with  every  nation — prosperous  and 
happy  at  home,  and  respected  abroad.  Although  a  slight  inter- 
ruption in  our  diplomatic  relations  with  France  at  this  moment 
exists,  we  have  every  reason  to  believe  that  the  difficulties  existing 
between  the  two  nations  will  be  soon  adjusted  on  terms  entirely 
satisfactory  to  the  United  States.  Within  the  short  space  of  59 
years,  its  population  has  increased  from  three  to  sixteen  millions, 
and  the  number  of  states  from  thirteen  to  twenty-four.  The 
country  that  we  now  inhabit,  the  very  ground  upon  which  this 


68  JUDGE   JAMES  LOCKHART 

edifice,  dedicated  to  the  service  of  the  living  God,  is  erected,  was 
the  forest  home  of  the  Red  man,  where  neither  civilization,  arts, 
sciences  nor  industry  had  shed  their  benign  influence,  where  nothing 
was  heard  but  the  howling  of  beasts  of  prey,  and  the  furious  yell 
of  the  savage  warrior.  But  the  rays  of  the  light  of  liberty  have 
dispelled  the  clouds  of  savage  ignorance  and  barbarity,  to  which 
has  succeeded  the  heart-cheering  influence  of  enlightened  and 
civilized  society.  The  borders  of  the  beautiful  river  whose  banks 
we  inhabit,  was  then  the  border  of  an  impenetrable  forest.  Its 
banks  are  now  studded  by  large  skies,  extensive  towns  and  flourish- 
ing villages.  It  is  the  abode  of  an  extensive  population,  actively 
engaged  in  the  various  pursuits  and  avocations  that  pertain  to  the 
life  of  man. 

Are  there  any  so  skeptical  as  to  believe  that  a  government  so 
free,  so  prosperous  and  happy  as  ours,  will  decay  and  crumble  into 
ruins?  If  there  are,  their  fears  will  be  removed,  if  they  will  but 
swear  upon  the  altar  of  their  country's  liberty  eternal  fidelity 
to  her  free  institutions.  Are  there  any  who  doubt  the  bravery 
of  her  citizen  soldiers  or  their  readiness  to  defend  their  rights? 
If  there  are,  I  would  point  them  to  Bunker  Hill,  Yorktown,  Mon- 
mouth, Bridgewater  and  Saratoga.  Do  they  yet  doubt,  I  would 
point  them  to  Plattsburgh,  Queenstown,  Bladensburgh  and  New 
Orleans.  Do  they  doubt  our  skill  in  diplomacy.  I  would  point 
them  to  a  Jay,  a  Franklin  and  a  Plackney.  Do  they  yet  doubt, 
I  would  point  them  to  an  Adams,  a  Hamilton  and  a  Monroe,  who 
have  stood  forth  the  champions  of  their  country's  rights,  with  a 
zeal  which  knew  neither  abatement  nor  fatigue,  but  which  gath- 
ered strength  from  time,  and  derived  new  activity  from  constant 
exercise.  But  those  great  men,  the  founders  of  the  republic,  have 
now  passed  from  the  theater  of  their  earthly  career.  Their  voices 
can  no  longer  be  heard  in  the  capitol,  discoursing  on  the  policy 
of  nations,  or  in  the  private  circle,  teaching  their  countrymen  by 
their  examples.  Those  institutions  nurtured  into  existence  by 
them,  have  been  bequeathed  to  us.  It  is  then  our  duty  to  foster, 
cherish  and  protect  them,  that  we  may  hand  them  down  to  pos- 
terity as  we  received  them,  unimpaired  by  the  lapse  of  time,  or 
unaltered  by  the  change  of  circumstances. 

Stand  forward  in  defence  of  the  Union,  whether  it  be  assailed 
by  internal  or  by  foreign  enemies — show  to  the  world  as  you  did 


JUDGE   JAMES   LOCKHART  69 

on  a  recent  occasion,  that  you  will  not  permit  its  stability  to  be 
shaken  by  internal,  much  less  by  foreign  enemies.  Although  a 
portentous  cloud  big  with  destiny,  hung  over  a  part  of  our  hemis- 
phere, threatening  destruction  to  our  free  institutions,  and  a  dis- 
solution of  the  Union  of  the  states.  When  the  tocsin  was  sounded 
from  your  capitol,  all  true  friends  of  the  Union  and  of  the  rights 
of  the  states  simultaneously  exclaimed  from  one  end  of  the  Union 
to  the  other,  in  the  emphatic  language  of  a  distinguished  senator 
— 'God  forbid  that  I  should  stop  to  inquire  whom  the  people  have 
chosen  to  preside  over  the  destinies  of  our  country,  I  will  march 
to  the  rescue'.  Yes,  I  beseech  you  in  the  name  of  heaven — I 
beseech  you  in  the  name  of  every  thing  that  is  dear  to  freemen, 
to  guard,  protect  and  preserve  the  Union;  for  upon  its  stability 
hang  the  hopes  of  the  friends  of  liberty,  in  every  clime— guard 
it  as  the  palladium  of  your  liberties — teach  its  value  and  the  neces- 
sity of  its  preservation  to  your  children,  and  to  your  children's 
children,  unto  the  latest  time— let  Union  be  the  first  lisp  of  in- 
fancy— let  it  be  the  last  tremulous  accent  of  age — God  save  the 
Union." 


